Washington v. Chapman, No. 4:2009cv00305 - Document 19 (N.D. Tex. 2009)

Court Description: ORDER ADOPTING 17 Findings and Recommendations: the findings, conclusions, and recommendation of the magistrate judge are ADOPTED, as modified herein. Conchita Washington's grounds one through three in the petition for writ of habeas corpus under 28 U.S.C. § 2241 are DENIED; and ground four is DISMISSED for lack of jurisdiction. (Ordered by Judge Terry R Means on 12/10/2009) (cxb) Modified on 12/10/2009/Dist 12/10 (cxb).

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Washington v. Chapman Doc. 19 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION CONCHITA WASHINGTON, Petitioner, VS. W. ELAINE CHAPMAN, Warden, FMC-Fort Worth, Respondent. § § § § § § § § CIVIL ACTION NO.4:09-CV-305-Y ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS In this action brought by petitioner Conchita Washington 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 August 25, 2009; and 3. The petitioner's written objections to the proposed findings, conclusions, and recommendation of the United States magistrate judge filed on December 1, 2009. The Court, after de novo review, concludes that Washington’s objections must be overruled, and that to the extent Washington seeks compassionate release due to her medical needs in grounds one through three of the petition for writ of habeas corpus under 28 U.S.C. § 2241, it should be denied, and to the extent she seeks to challenge the conditions of her confinement in ground four, it should be dismissed for lack of jurisdiction, for the reasons stated in the magistrate judge's findings and conclusions. Therefore, the findings, conclusions, and recommendation of the magistrate judge are ADOPTED, as modified herein. Dockets.Justia.com Conchita Washington’s grounds one through three in the petition for writ of habeas corpus under 28 U.S.C. § 2241 are DENIED; and ground four is DISMISSED for lack of jurisdiction. SIGNED December 10, 2009. ____________________________ TERRY R. MEANS UNITED STATES DISTRICT JUDGE 2

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