Canada v. Young

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATION re 12 Report and Recommendation. Signed by Judge Robert W. Schroeder, III on 3/13/2017. (slo, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
DENNIS CANADA,
Plaintiff,
v.
S. YOUNG, WARDEN AT FCI;
Defendant.

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CIVIL ACTION NO. 5:16-CV-00017-RWS

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Petitioner Dennis Canada, proceeding pro se, brought this petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2241. The Court referred this matter to United States Magistrate Judge
Caroline M. Craven pursuant 28 U.S.C. § 636. On February 7, 2017, the Magistrate Judge issued
a Report and Recommendation recommending that the petition be denied and dismissed. Docket
No. 13. No objections have been filed.
The Magistrate Judge’s February 7 Order was mailed to Petitioner’s last known address
but was returned as undeliverable. Docket No. 13. Plaintiff is a pro se litigant, and, under the
Local Rules of the Eastern District of Texas, pro se litigants must provide the Court with a physical
address and are “responsible for keeping the clerk advised in writing of the current physical
address.” Local Rule CV-11(d). To date, Plaintiff has not updated his address with the Court or
filed a response to the motion. A document enclosed with the returned mail indicates that
Petitioner was released from custody of August 5, 2016. Docket No. 13 at 3.

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Because Plaintiff did not file objections to the Report and Recommendation, this Court
reviews the Magistrate Judge’s findings of fact and conclusions of law for clear error. Rodriguez
v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988). This Court agrees with the Magistrate Judge that
Petitioner’s total time of confinement has not been extended, as he has all received credit towards
his time in federal custody to which he is entitled. Accordingly, the Court hereby ADOPTS the
Report of the United States Magistrate Judge as that of this Court. It is hereby ORDERED that
Dennis Canada’s petition for writ of habeas corpus is DENIED.
SIGNED this 13th day of March, 2017.

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ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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