Fragoso v. Warden FCC Beaumont
ORDER adopting 7 Report and Recommendation and granting 6 Motion to withdraw the petition. Signed by Judge Ron Clark on 9/18/17. (tkd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
KENNETH CHARLES FRAGOSO
WARDEN, FCC BEAUMONT
CIVIL ACTION NO.
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.
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
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