Opinion
CIVIL ACTION NO. 1:11-CV-530
12-21-2011
KEVIN CLAY FELTS v. MARK MARTIN
MEMORANDUM ORDER PARTIALLY ADOPTING THE MAGISTRATE
JUDGE'S REPORT AND RECOMMENDATION
Petitioner, Kevin Clay Felts, an inmate confined at FCI Beaumont Low, proceeding pro se, filed this petition for writ of habeas corpus contesting the legality of his conviction.
The Court referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this Court. The Magistrate Judge recommends this habeas action be dismissed.
The Court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record, and pleadings. No objections to the Report and Recommendation have been filed by either party. Petitioner, however, did file a Motion to Dismiss pursuant to Federal Rule of Civil Procedure 41(a). After careful consideration, the Court partially adopts the Report and Recommendation of United States Magistrate Judge and grants petitioner's Motion to Dismiss pursuant to Federal Rule of Civil Procedure 41(a).
ORDER
Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate Judge is PARTIALLY ADOPTED to the extent it recommends dismissal. Petitioner's Motion to Dismiss is GRANTED. A final judgment will be entered in this case in accordance with the Magistrate Judge's recommendations and this memorandum order.
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Ron Clark, United States District Judge