Opinion
CIVIL ACTION NO. 1:13cv444
01-13-2014
ADDONES SPENCER v. TEXAS UNIVERSITY MEDICAL BRANCH, ET AL.
ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Petitioner Addones Spencer, an inmate confined at the Federal Correctional Complex in Beaumont, Texas, proceeding pro se, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.
The court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge recommends the petition be dismissed without prejudice to petitioner's ability to pursue his claims by filing a civil rights action.
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. Petitioner filed objections to the Magistrate Judge's Report and Recommendation. This requires a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b).
After careful consideration, the court concludes petitioner's objections should be overruled. Petitioner's claims do not attack the fact or duration of his confinement; thus, the claims should proceed as a civil action as the Magistrate Judge recommended. Following petitioner's objections, the Magistrate Judge severed petitioner's civil rights claims from this action and a new civil rights action was filed. Therefore, this action should be dismissed.
ORDER
Accordingly, petitioner's objections are OVERRULED. The findings of fact and conclusions of law of the Magistrate Judge are correct and the report of the Magistrate Judge is ADOPTED. A final judgment will be entered in this case in accordance with the Magistrate Judge's recommendations.
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Ron Clark, United States District Judge