Opinion
CIVIL ACTION NO. 1:12cv387
08-18-2014
JAMES LEE WATSON v. JOHN FOX
MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Petitioner James Lee Watson, an inmate confined at the Federal Correctional Complex in Beaumont, Texas, proceeding pro se, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.
The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge recommends the petition be dismissed.
The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record and pleadings. Petitioner filed objections to the Magistrate Judge's Report and Recommendation. This ordinarily requires a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b). In this case, however, petitioner subsequently filed a motion to dismiss this petition. As the respondent has not filed a response in this petition, petitioner is entitled to dismiss this action pursuant to FED. R. CIV. P. 41(a). Accordingly, the report will be adopted only to the extent it recommended dismissal.
ORDER
The findings of fact and conclusions of law of the Magistrate Judge are correct and the report of the Magistrate Judge is ADOPTED to the extent it recommended dismissal. A final judgment will be entered in this case in accordance with the Magistrate Judge's recommendations.
SIGNED this the 18 day of August, 2014.
/s/_________
Thad Heartfield
United States District Judge