Smith v. U.S.

Full title: JOSEPH SMITH v. UNITED STATES OF AMERICA

Court: United States District Court, E.D. Texas, Beaumont Division

Date published: Jul 7, 2006

Civil Action No. 1:06-CV-285 (E.D. Tex. Jul. 7, 2006)

Opinion

Civil Action No. 1:06-CV-285.

July 7, 2006

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

RONALD CLARK, District Judge

Petitioner Joseph Smith, a federal prisoner currently confined at the Medical Center for Federal Prisoners in Springfield, Missouri, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.

The court ordered that this matter be referred to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge recommends granting the petitioner's motion to dismiss the petition without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1).

The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record, pleadings and all available evidence. No objections to the Report and Recommendation of United States Magistrate Judge were filed by the parties.

ORDER

Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct and the report of the magistrate judge is ADOPTED. Petitioner's motion to dismiss the petition (document no. 3) is GRANTED. A final judgment will be entered in this case in accordance with the magistrate judge's recommendations.

So ORDERED.