Shirley v. Sheriff, Henderson County Jail

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 18 Report and Recommendations of the United States Magistrate Judge. ORDERED that the Petitioners ORDERED that the petition for a writ of habeas corpus is DENIED and the case is DISMISSED without prejudice Signed by Judge Michael H. Schneider on 9/14/2010. (gsg)

-JKG Shirley v. Sheriff, Henderson County Jail

Doc. 24

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, filed the above-styled and numbered petition for a writ of habeas corpus. The petition was referred to United States Magistrate Judge Judith K. Guthrie, who issued a Report and Recommendation concluding that the petition should be denied and the matter dismissed without prejudice. 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. Specifically, the Petitioner essentially restates his entire argument on the merits, but wholly fails to address the basis of the Magistrate Judge's Report and Recommendation, that his case is moot and therefore this Court is deprived of jurisdiction. See Adair v. Dretke, 150 Fed. Appx. 329, 331 (5th Cir. Oct. 6, 2005) (per curiam) (quoting Goldin v. Bartholow, 166 F.3d 710, 717 (5th Cir. 1999)). For the same reason, his request for an evidentiary

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hearing is without foundation. Therefore the Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the Court. It is therefore ORDERED that the Petitioner's ORDERED that the petition for a writ of habeas corpus is DENIED and the case is DISMISSED without prejudice.

SIGNED this 14th day of September, 2010.

____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE

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