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, )

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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 2

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