Opinion
No. 4:02-CV-870-Y
November 19, 2002
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS (With Special Instructions to Clerk of the Court)
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 October 25, 2002.
3. The Petitioner's written objections to the proposed findings, conclusions and recommendation of the United States Magistrate Judge filed on November 7, 2002.
The Court, after de novo review, finds and determines that Petitioner's objections must be overruled, and that the petition for writ of habeas corpus should be construed as seeking relief under 28 U.S.C. § 2241 and be dismissed, 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 Norman Yoes's petition for writ of habeas corpus should be construed as a petition for writ of habeas corpus under 28 U.S.C. § 2241.
The clerk of Court is directed to make this change on the docket.
It is further ORDERED that Petitioner's petition for writ of habeas corpus under 28 U.S.C. § 2241 be, and is hereby, DISMISSED WITHOUT PREJUDICE.
It is further ORDERED that the clerk of Court shall transmit a copy of this order to all parties by certified mail, return receipt requested.