Best v. Lee

Filing 58

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION re: 54 MOTION to Change Venue to Western District of North Carolina, Charlotte., 55 Memorandum and Recommendations.(Signed by Judge Janis Graham Jack) Parties notified.(bcortez, )

Best v. Lee

Doc. 58

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION
VINCENT BEST, Petitioner, VS. JIM LEE, Respondent. § § § § § § § §

CIVIL ACTION NO. C-10-270

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION On November 4, 2010, United States Magistrate Judge B. Janice Ellington signed a Memorandum and Recommendation recommending that summary judgment be granted to Respondent, that Petitioner's 28 U.S.C. § 2241 cause of action be dismissed (D.E. 1), and that Petitioner's motion to transfer venue (D.E. 54) be denied. On November 24, 2010, petitioner filed Objections to the Magistrate's

Recommendations. (D.E. 56; 57.) Having reviewed the findings of fact and conclusions of law therein, as well as the pleadings on file and petitioner's objections, and having made a de novo disposition of those portions of the Magistrate Judge's recommended disposition to which objections were raised, see Koetting v. Thompson, 995 F.2d 37 (5th Cir. 1993), 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b), the Court hereby adopts as its own the findings and conclusions of the Magistrate Judge, as contained in the "Jurisdiction," "Background," and Part A of the "Applicable Law" Section of the Magistrate's Memorandum and Recommendation. (D.E. 55 at 1-7.)

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Accordingly, it is ORDERED that summary judgment be granted to Respondent and Petitioner's 28 U.S.C. § 2241 cause of action be dismissed. (D.E. 1.) Petitioner's motion to transfer venue is DENIED AS MOOT. (D.E. 54.) The clerk shall enter this order and provide a copy to all parties. SIGNED and ORDERED this 3rd day of December, 2010.

___________________________________ Janis Graham Jack United States District Judge

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