Smith v. Fleming

Full title: CHARLES SMITH, PETITIONER, v. L.E. FLEMING, Warden, FMC-Fort Worth…

Court: United States District Court, N.D. Texas, Fort Worth Division

Date published: Sep 20, 2002

Civil Action No. 4:02-CV-440-Y (N.D. Tex. Sep. 20, 2002)

Opinion

Civil Action No. 4:02-CV-440-Y

September 20, 2002

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS (With Special Instructions to the Clerk of Court)

TERRY R. MEANS, United States District Judge

Before the Court is the petition for writ of habeas corpus under 28 U.S.C. § 2241 of petitioner Charles Smith, along with the August 26, 2002, findings, conclusions, and recommendation of the United States Magistrate Judge. The magistrate judge gave the parties until September 16 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 26, 2002. The Court concludes that the petition for writ of habeas corpus should be dismissed, 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, DISMISSED WITH PREJUDICE.

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.