Fragoso v. Warden FCC Beaumont

Filing 10

ORDER adopting 7 Report and Recommendation and granting 6 Motion to withdraw the petition. Signed by Judge Ron Clark on 9/18/17. (tkd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION KENNETH CHARLES FRAGOSO § VS. § WARDEN, FCC BEAUMONT § CIVIL ACTION NO. 1:17-CV-252 ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Petitioner Kenneth Charles Fragoso, 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 referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge recommends granting petitioner’s motion to dismiss the petition. The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record and pleadings. No objections to the Report and Recommendation of United States Magistrate Judge were filed by the parties. ORDER Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are correct, and the report and recommendation of the Magistrate Judge (document no. 7) is ADOPTED. The motion to dismiss (document no. 6) is GRANTED. A final judgment will be entered in this case in accordance with the Magistrate Judge’s recommendation. So Ordered and Signed Sep 18, 2017 2

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