Alvarado v. Coleman

Filing 4

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 2 Report and Recommendations. Signed by Judge David Folsom on 10/28/10. (mrm, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION RALPH ALVARADO VS. SGT. STEVEN COLEMAN § § § CIVIL ACTION NO. 5:10CV143

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Petitioner, Ralph Alvarado, an inmate confined at the Telford Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, 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 Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge recommends this action be dismissed without prejudice to Alvarado's ability to file a civil rights lawsuits as his claims implicate the conditions of his confinement, rather than the fact or duration of his confinement. The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record, and pleadings. No objections to the Report and Recommendation of United States Magistrate Judge were filed by the parties.

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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 will be entered in this case in accordance with the magistrate judge's recommendations.

SIGNED this 28th day of October, 2010.

____________________________________ DAVID FOLSOM UNITED STATES DISTRICT JUDGE