McElroy v. Roy

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 2 Report and Recommendations. Signed by Judge T. John Ward on 11/10/2010. (sm, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION RAYMOND G. MCELROY VS. KEITH ROY MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Petitioner, Raymond G. McElroy, an inmate confined at FCI Texarkana, 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 Earl S. Hines, 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 McElroy's ability to file a civil rights lawsuit 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. 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. CIVIL ACTION NO. 5:10CV160 SIGNED this 10th day of November, 2010. __________________________________________ T. JOHN WARD UNITED STATES DISTRICT JUDGE

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