Richardson v. Lara

Filing 84

MEMORANDUM ORDER OVERRULING PETIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this petition be denied. Signed by District Judge Marcia A. Crone on 1/9/20. (mrp, )

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UNITED STATES DISTRICT COURT BRYAN KEITH RICHARDSON, Petitioner, versus WARDEN FRANK LARA, Respondent. EASTERN DISTRICT OF TEXAS § § § § § § § § § CIVIL ACTION NO. 1:15-CV-478 MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Petitioner Bryan Keith Richardson, a prisoner previously confined at the Federal Correctional Complex in Beaumont, Texas, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The court ordered that this matter be referred to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge. The magistrate judge recommends denying the petition. The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record, pleadings, and all available evidence. Petitioner filed objections to the magistrate judge’s Report and Recommendation. The court has conducted a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b). After careful consideration, the court concludes the objections are without merit. In addition, the petition is now moot because petitioner has been released from prison. See Bailey v. Southerland, 821 F.2d 277, 278 (5th Cir. 1987). 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. A final judgment will be entered in this case in accordance with this memorandum order. SIGNED at Beaumont, Texas, this 9th day of January, 2020. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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