Edwards v. Mallisham

Full title: AUDREY EDWARDS, Petitioner, VS. LUCY MALLISHAM, Warden, FMC-Carswell…

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

Date published: Feb 13, 2004

CIVIL ACTION NO. 4:03-CV-1146-Y (N.D. Tex. Feb. 13, 2004)

Opinion

CIVIL ACTION NO. 4:03-CV-1146-Y

February 13, 2004

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS

TERRY MEANS, District Judge

In this action brought by petitioner Audrey Edwards seeking relief under 28 U.S.C. § 2241, the Court has made an independent review of the following matters in the above-styled and numbered cause:

1. The pleadings and record;

2. The proposed findings, conclusions, and recommendation of the United States magistrate judge filed on January 28, 2004; and

3. The petitioner's written objections to the proposed findings, conclusions, and recommendation of the United States magistrate judge filed on February 9, 2004.

The Court, after de novo review, finds and determines that Petitioner's objections must be overruled, and that the respondent's motion for summary judgment must be granted¹ and that accordingly, the petition for writ of habeas corpus will be denied, for the reasons stated in the magistrate judge's findings and conclusions.

1 As such, the Court does not reach the alternative motion to dismiss.

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 Respondent's December 5, 2003, 2003, motion for summary judgment [docket no. 6] be, and is hereby, GRANTED.

It is further ORDERED that Petitioner's Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 be, and is hereby, DENIED.

SIGNED.