Shirley v. Sheriff, Henderson County Jail

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 6 Report and Recommendations of the United States Magistrate Judge. ORDERED that the Petitioners Motion for an Injunction, construed as a Motion for Temporary Restraining Order/Preliminary Injunction, is hereby DENIED. Signed by Judge Michael H. Schneider on 8/16/2010. (gsg)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

CHARLES ELLIS SHIRLEY VS. SHERIFF, HENDERSON COUNTY JAIL

§ § § CIVIL ACTION NO. 6:10CV331

ORDER ADOPTING REPORT AND RECOMMENDATION Petitioner Charles Ellis Shirley, an inmate confined in the Texas prison system, proceeding pro se and in forma pauperis,1 filed the above-styled and numbered petition for a writ of habeas corpus. Petitioner filed a motion for an injunction (docket entry #4), construed as a motion for temporary restraining order/preliminary injunction. The petition was referred to United States Magistrate Judge Judith K. Guthrie, who issued a Report and Recommendation concluding that the motion for temporary restraining order/preliminary injunction should be denied. The Petitioner has filed objections. The Report of the Magistrate Judge, which contains her proposed findings of fact and recommendations for the disposition of such motion, has been presented for consideration, and having made a de novo review of the objections raised by the Petitioner to the Report, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and the objections of the Petitioner are without merit. Therefore the Court hereby adopts the findings and

A lthough it was noted in the Report and Recommendation that Petitioner had not paid the filing fee nor moved for in forma pauperis status, he has since so moved and been granted in forma pauperis status. 1

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conclusions of the Magistrate Judge as the findings and conclusions of the Court. It is therefore ORDERED that the Petitioner's Motion for an Injunction (docket entry #4), construed as a Motion for Temporary Restraining Order/Preliminary Injunction, is hereby DENIED.

SIGNED this 16th day of August, 2010.

____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE

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