Brown v. State Of Texas

Filing 24

ORDER ADOPTING 12 REPORT AND RECOMMENDATIONS. Petitioner's 20 Petition to the Court to Issue an Injunction and Honor an Mandamus, construed as a Motion for a Temporary Restraining Order and/or Preliminary Injunction, is denied. Signed by Judge Ron Clark on 4/26/12. (ljw, )

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

ARTHUR GLEN BROWN #575490

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 9:11CV111

ORDER ADOPTING REPORT AND RECOMMENDATION
The above-entitled and numbered petition for writ of habeas corpus pursuant to 28 U.S.C. §
2254 was heretofore referred to United States Magistrate Judge Judith K. Guthrie. Petitioner filed a
“Petition to the Court to Issue an Injunction and Honor an Mandamus” (docket entry #20), construed
as a Motion for a Temporary Restraining Order and/or Preliminary Injunction. The Report of the
Magistrate Judge, which contains proposed findings of fact and recommendations for the disposition
of the motion, has been presented for consideration. Petitioner has filed objections.
Having made a de novo review of the objections raised by Petitioner to the Report, the Court
is of the opinion that the findings and conclusions of the Magistrate Judge are correct and Petitioner’s
objections are without merit. Specifically, Petitioner agrees with a number of the Magistrate Judge’s
findings. As the Magistrate Judge noted regarding the original motion itself, Petitioner’s objections
are somewhat vague and disorganized. However, he appears to reassert certain of his underlying
claims and then states that the relief he seeks is related to an alleged ruling by the state trial judge
awarding jail time credit. His request for an injunction is apparently intended to give effect to that
alleged ruling. However, there is no evidence before this Court showing any such ruling or plea

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agreement that was “breached.” The Court will not issue injunctive relief based on allegations alone.
It is accordingly
ORDERED that Petitioner’s “Petition to the Court to Issue an Injunction and Honor an
Mandamus” (docket entry #20), construed as a Motion for a Temporary Restraining Order and/or
Preliminary Injunction, is hereby DENIED.
So ORDERED and SIGNED this 26 day of April, 2012.

So ORDERED and SIGNED this 26 day of April, 2012.

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Ron Clark, United States District Judge

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Ron Clark, United States District Judge

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