Opinion
CIVIL ACTION NO. 1:20-CV-165
05-21-2021
CARLOS AVALOS v. WARDEN, FCI BEAUMONT
MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Petitioner Carlos Avalos, a prisoner confined at the Federal Correctional Institution in Beaumont, Texas, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.
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 has submitted a Report and Recommendation of United States Magistrate Judge. The magistrate judge recommends granting the respondent's motion for summary judgment and dismissing the petition without prejudice.
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 the pleadings. Proper notice was given to the petitioner at his last known address. See FED. R. CIV. P. 5(b)(2)(c). No objections to the Report and Recommendation of United States Magistrate Judge were filed by the parties.
ORDER
Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge (document no. 15) is ADOPTED. The respondent's motion for summary judgment (document no. 9) is GRANTED. A final judgment will be entered in this case in accordance with the magistrate judge's recommendation.
SIGNED this 21st day of May, 2021.
/s/_________
Michael J. Truncale
United States District Judge