Opinion
Civil Action No. 3:04-CV-2207-L.
January 20, 2005
ORDER
This is a habeas case. Pursuant to 28 U.S.C. § 636(b), and an order of the court in implementation thereof, this action was referred to the United States magistrate judge for proposed findings and recommendation. On November 5, 2004, the Findings and Recommendation of the United States Magistrate Judge were filed, to which Petitioner filed a response and a Motion for Leave to Amend Original Petition on November 18, 2004.
The magistrate judge determined that Petitioner's request for habeas corpus relief should be summarily denied because he is not entitled to the relief he requested, namely, a transfer to a Community Confinement Center in Hutchins, Texas. The magistrate judge also determined that to the extent Petitioner challenges the denial of adequate medical care while incarcerated, such a claim must be brought under Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). In response, Petitioner moved for leave to amend his Petition to drop his request for habeas corpus relief and to add a Bivens claim and moved for service of summons. The court therefore recommitted this case to the magistrate judge. On January 19, 2005, the magistrate judge ordered the district clerk to open a new prisoner civil rights action under a separate cause number, instead of transforming this habeas proceeding into a Bivens action.
Having reviewed the pleadings, file and record in this case, the findings and conclusions of the magistrate judge, the court determines that the findings and conclusions are correct. The magistrate judge's findings and conclusions are accepted as those of the court. Accordingly, Petitioner's petition for habeas corpus is hereby denied, and this action is dismissed with prejudice.
It is so ordered