Holcomb v. Tamez

Filing 13

ORDER ADOPTING 11 Findings and Recommendations...Holcomb's petition for writ of habeas corpus is dismissed for lack of jurisdiction. (Ordered by Judge Terry R Means on 8/25/2011) (wrb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
TARY HOLCOMB,
Petitioner,
VS.
REBECCA TAMEZ, Warden,
FCI-Fort worth,
Respondent.

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CIVIL ACTION NO.4:11-CV-152-Y

ORDER ADOPTING
MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS
In this action brought by petitioner Tary Holcomb under 28
U.S.C. § 2241, the Court has made an independent review of the
following matters in the above-styled and numbered cause:
1.

The pleadings and record;

2.

The proposed findings, conclusions, and recommendation of
the United States magistrate judge filed on August 8,
2011; and

3.

The petitioner's written objections to the proposed
findings, conclusions, and recommendation of the United
States magistrate judge filed on August 18, 2011.

The Court, after de novo review, concludes that the Petitioner’s objections must be overruled, and the petition for writ of
habeas corpus under 28 U.S.C. § 2241 should be dismissed for lack
of jurisdiction, for the reasons stated in the magistrate judge's
findings and conclusions.
Therefore, the findings, conclusions, and recommendation of
the magistrate judge are ADOPTED.
Tary Holcomb’s petition for writ of habeas corpus under 28
U.S.C. § 2241 is DISMISSED for lack of jurisdiction.
SIGNED August 25, 2011.
____________________________
TERRY R. MEANS
UNITED STATES DISTRICT JUDGE