Opinion
CIVIL ACTION NO. 4:03-CV-937-Y
January 15, 2004
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS
In this action brought by petitioner Tommy Gabriel 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 December 31, 2003; and
3. The petitioner's written objections to the proposed findings, conclusions, and recommendation of the United States magistrate judge filed on January 14, 2003.
The Court, after de novo review, finds and determines that Petitioner's objections must be overruled, and that the Respondent's motion to dismiss should be granted to the extent that the petition for writ of habeas corpus be denied, 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 Respondent's November 18, 2003, Motion to Dismiss [docket no. 4] be, and is hereby, GRANTED. It is further ORDERED that Petitioner's Petition for Writ of Habeas Corpus by a Under 28 U.S.C. § 2241 be, and is hereby, DENIED.