Elmore v. Chapa
Filing
17
MEMORANDUM OPINION and ORDER. The findings of fact and conclusions of law of the Magistrate Judge are correct and the report of the Magistrate Judge is adopted. Signed by District Judge Marcia A. Crone on 3/27/2018. (bjc)
UNITED STATES DISTRICT COURT
CHARLES W. ELMORE,
Petitioner,
versus
RACHEL CHAPA, WARDEN,
Respondent.
EASTERN DISTRICT OF TEXAS
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CIVIL ACTION NO. 1:17-CV-61
MEMORANDUM OPINION AND ORDER
Petitioner, Charles W. Elmore, a federal prisoner at FCI Beaumont Low, proceeding with
counsel, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.
The court referred this matter to the Honorable Keith Giblin, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
The Magistrate Judge recommends the writ of habeas corpus be denied.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record, and pleadings. Petitioner
filed two motions for extensions of time to file objections which were granted by the Magistrate
Judge. On March 22, 2018, petitioner sought another Agreed Motion for Extension of Time to
File Objections (docket entry no. 16). Petitioner states he has written confirmation of a release
date of May 23, 2018 and seeks an extension as the petition and/or objections may become moot
upon his release. In the efforts to efficiently maintain and administer this Court’s docket, the
current motion for extension of time should be denied.
ORDER
Accordingly, Petitioner’s Agreed Motion for Extension of Time to File Objections to the
Magistrate Judge’s Report and Recommendation (docket entry no. 16) is DENIED, without
prejudice to petitioner’s right to file a Motion for Reconsideration if deemed necessary. 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 accordance with the
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recommendations of the Magistrate Judge.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 27th day of March, 2018.
________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
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