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Rose v. Lumpkin

United States District Court, Southern District of Texas
Nov 28, 2022
Civil Action 1:22-CV-090 (S.D. Tex. Nov. 28, 2022)

Opinion

Civil Action 1:22-CV-090

11-28-2022

JESSE ROBERT ROSE, Petitioner, v. BOBBY LUMPKIN, Respondent.


ORDER

FERNANDO RODRIGUEZ, JR. UNITED STATES DISTRICT JUDGE

On July 29, 2022, Petitioner Jesse Robert Rose filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Petition, Doc. 1) Rose alleges that his good time and work time credits have not been applied toward his sentence, and if applied correctly, would result in his early release. (Id. at 6-7)

The Magistrate Judge recommends that Rose's Petition be dismissed without prejudice for failure to exhaust state remedies or alternatively, as substantively meritless. (R&R, Doc. 15) No party filed objections to the Report and Recommendation, and the Court finds no clear error within it. See 28 U.S.C. § 636(b)(1); FED. R. CIV. P. 72(B)(3).

As a result, the Court ADOPTS the Report and Recommendation (Doc. 15). It is:

ORDERED that Petitioner Jesse Robert Rose's Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 (Doc. 1) is DISMISSED WITHOUT PREJUDICE for failure to exhaust state remedies or alternatively, as substantively meritless.

The Clerk of Court is directed to close this matter.


Summaries of

Rose v. Lumpkin

United States District Court, Southern District of Texas
Nov 28, 2022
Civil Action 1:22-CV-090 (S.D. Tex. Nov. 28, 2022)
Case details for

Rose v. Lumpkin

Case Details

Full title:JESSE ROBERT ROSE, Petitioner, v. BOBBY LUMPKIN, Respondent.

Court:United States District Court, Southern District of Texas

Date published: Nov 28, 2022

Citations

Civil Action 1:22-CV-090 (S.D. Tex. Nov. 28, 2022)