Cerda v. Fleming

Full title: ALPHONSO CERDA, PETITIONER, VS. L.E. FLEMING, Warden, FMC-Fort Worth…

Court: United States District Court, N.D. Texas

Date published: Jan 15, 2004

CIVIL ACTION NO. 4:03-CV-888-Y (N.D. Tex. Jan. 15, 2004)

Opinion

CIVIL ACTION NO. 4:03-CV-888-Y

January 15, 2004

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS

TERRY MEANS, District Judge

Before the Court is the petition for writ of habeas corpus under 28 U.S.C. § 2241 of petitioner Alphonso Cerda, along with the December 23, 2003, findings, conclusions, and recommendation of the United States Magistrate Judge. The magistrate judge gave the parties until January 13 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 December 23, 2003. The Court concludes that the respondent's motion to dismiss should be granted and 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 the respondent's November 17, 2003, motion to dismiss [docket no. 5] be, and is hereby, GRANTED.

It is further ORDERED that Petitioner's Petition for Writ of Habeas Corpus be, and is hereby, DISMISSED WITH PREJUDICE.