Blue v. Jefferson County Correctional Facility

Filing 10

MEMORANDUM OPINION and ORDER overruling objections and adopting 7 Report and Recommendation. Signed by District Judge Michael J. Truncale on 9/15/2022. (bjc, )

Case 1:21-cv-00100-MJT-CLS Document 10 Filed 09/15/22 Page 1 of 2 PageID #: 41

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
JACORY BLUE

§

VS.

§

JEFFERSON COUNTY CORRECTIONAL
FACILITY

§

CIVIL ACTION NO. 1:21-CV-100

MEMORANDUM OPINION AND ORDER OVERRULING OBJECTIONS AND
ADOPTING REPORT AND RECOMMENDATION
Petitioner, Jacory Blue, a pre-trial detainee currently confined at the Jefferson County
Correctional Facility, 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 Christine L. Stetson, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
The Magistrate Judge recommends dismissing this petition without prejudice for failure to exhaust
administrative remedies (doc. # 7).
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the records, and pleadings. Petitioner filed
objections to the Report and Recommendation of United States Magistrate Judge (doc. # 9). This
requires a de novo review of the objections in relation to the pleadings and applicable law. See FED.
R. CIV. P. 72(b).
Petitioner merely reargues the merits of his claim and does not address the recommendation
that the petition be dismissed for failure to exhaust administrative remedies.
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

Case 1:21-cv-00100-MJT-CLS Document 10 Filed 09/15/22 Page 2 of 2 PageID #: 42

ADOPTED. A Final Judgment will be entered in accordance with the recommendations of the
Magistrate Judge.
SIGNED this 15th day of September, 2022.

____________________________
Michael J. Truncale
United States District Judge

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