Summary
In Scruggs v. Malisham, 2001 WL 1143147 (N.D. Tex. Sept. 24, 2001), another judge in this district rejected the very argument made by petitioner in this case.
Summary of this case from Alexander v. WendtOpinion
CIVIL ACTION NO. 4:00-CV-1516-Y
September 24, 2001
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS (With Special Instructions to the Clerk of Court)
Before the Court is the petition for writ of habeas corpus under 28 U.S.C. § 2241 of petitioner Erma Jean Scruggs, along with the August 27, 2001 findings, conclusions, and recommendation of the United States Magistrate Judge. The magistrate judge gave the parties until September 17 to file written objections to the findings, conclusions, and recommendation. As of the date of this order, no written objections have been filed.
The Court has reviewed the pleadings and the record in this case, and has reviewed for clear error the proposed findings, conclusions and recommendation of the United States Magistrate Judge filed on August 27, 2001. The Court concludes that the petition for writ of habeas corpus should be denied, for the reasons stated in the magistrate judge's findings and conclusions.
It is therefore ORDERED that the findings, conclusions and recommendation of the magistrate judge should be, and are hereby, ADOPTED.
It is further ORDERED that Petitioner's Petition for Writ of Habeas Corpus be, and is hereby, DENIED.
It is further ORDERED that the clerk of the Court shall transmit a copy of this order to all parties by certified mail, return receipt requested.