Gallo v. USA

Filing 10

ORDER overruling objections and adopting 6 Report and Recommendation.. Signed by Judge Thad Heartfield on 1/26/2017. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
WILLIAM GALLO

§

VS.

§

UNITED STATES OF AMERICA

§

CIVIL ACTION NO. 1:15cv466

ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
William Gallo, proceeding pro se, filed the above-styled petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2241. The court referred this matter to the Honorable Keith F. Giblin,
United States Magistrate Judge, for consideration pursuant to 28 U.S.C. § 636. The Magistrate
Judge has submitted a Report and Recommendation recommending the petition be dismissed without
prejudice for failure to exhaust administrative remedies.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and pleadings. Petitioner filed a Notice of Appeal, which
the court construes as objections to the Report and Recommendation.
The court has conducted a de novo review of the objections. After careful consideration, the
court is of the opinion the objections are without merit.
ORDER
Accordingly, petitioner’s objections are OVERRULED.

The findings of fact and

conclusions of law of the Magistrate Judge are correct and the report of the Magistrate Judge is
ADOPTED as the opinion of the court. A final judgment shall be entered dismissing this petition
in accordance with the recommendation of the Magistrate Judge.
SIGNED this the 26 day of January, 2017.

____________________________
Thad Heartfield
United States District Judge