Gilmore v. Director, TDCJ-CID

Filing 6

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the petition be dismissed without prejudice pursuant to FRCP 41(b). Signed by Judge Marcia A. Crone on 8/14/17. (mrp, )

UNITED STATES DISTRICT COURT

BENJAMIN EARL GILMORE,
Petitioner,
versus
DIRECTOR, TDCJ-CID,
Respondent.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:17-CV-229

MEMORANDUM ORDER ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Benjamin Earl Gilmore filed the above-styled petition for writ of habeas corpus. The court
previously referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge,
for consideration. The magistrate judge has submitted a Report and Recommendation of United
States Magistrate Judge recommending the petition be dismissed without prejudice pursuant to
Federal Rule of Civil Procedure 41(b).
The court has received the Report and Recommendation of United States Magistrate Judge,
along with the record, pleadings, and all available evidence. No objections were filed.
ORDER
Accordingly, 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 shall be entered.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 14th day of August, 2017.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE