Josey v. Taylor

Filing 38

ORDER ADOPTING 36 MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS. Respondent Walker's motion to dismiss (doc. 34) is GRANTED. All motions not previously ruled upon are DENIED as moot. John T. Josey's petition for writ of habeas corpus under 28 U.S.C. § 2241 is DISMISSED without prejudice. (Ordered by Judge Terry R Means on 3/10/2011) (klm)

Josey v. Walker

Doc. 38

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION JOHN T. JOSEY, V. DAVID WALKER, Sheriff, Wise County, Texas § § § CIVIL ACTION 4:10-CV-539-Y § (Consolidated with Nos. § 4:10-CV-658 and 4:10-CV-659-Y) § §

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS In this consolidated petition under 28 U.S.C. § 2241 brought by John T. Josey, the Court has made an independent review of the following matters in the above-styled and numbered cause: 1. 2. The pleadings and record; The proposed findings, conclusions, and recommendation of the United States magistrate judge filed on February 9, 2011; and The petitioner's written objections to the proposed findings, conclusions, and recommendation of the United States magistrate judge filed on March 3, 2010.

3.

The Court, after de novo review, concludes that Petitioner's objections must be overruled, that Respondent's motion to dismiss must be granted, and the petition for writ of habeas corpus under 28 U.S.C. § 2241 should be dismissed for lack of exhaustion, for

the reasons stated in the magistrate judge's findings and conclusions. Therefore, the findings, conclusions, and recommendation of the magistrate judge are ADOPTED. Respondent Walker's motion to dismiss (doc. 34) is GRANTED. All motions not previously ruled upon are DENIED as moot. John T. Josey's petition for writ of habeas corpus under 28

Dockets.Justia.com

U.S.C. § 2241 is DISMISSED without prejudice. Signed March 10, 2011.

____________________________ TERRY R. MEANS UNITED STATES DISTRICT JUDGE

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