Baley v. Texas Court of Criminal Appeals

Full title: KEVIN BALEY v. TEXAS COURT OF CRIMINAL APPEALS

Court: United States District Court, E.D. Texas, Beaumont Division

Date published: May 9, 2006

Civil Action No. 1:06-CV-188 (E.D. Tex. May. 9, 2006)

Opinion

Civil Action No. 1:06-CV-188.

May 9, 2006

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

THAD HEARTFIELD, District Judge

Plaintiff Kevin Baley, a prisoner, proceeding pro se, filed this petition for writ of mandamus pursuant to 28 U.S.C. § 1651.

The court ordered that this matter be referred 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 dismissing the case without prejudice for want of subject matter jurisdiction.

The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record, pleadings and all available evidence. 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 is ADOPTED. A final judgment will be entered in this case in accordance with the magistrate judge's recommendation.