Webber v. Tamez, Warden, No. 4:2010cv00511 - Document 13 (N.D. Tex. 2011)
Court Description: ORDER ADOPTING 11 Findings and Recommendations...respondent's motion to dismiss granted; Petition dismissed for lack of jurisdiction. (Ordered by Judge Terry R Means on 3/17/2011) (wrb)
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Webber v. Tamez, Warden Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION GEORGE L. WEBBER, Petitioner, VS. REBECCA TAMEZ, Warden, FCI-Fort Worth, Respondent. § § § § § § § § CIVIL ACTION NO.4:10-CV-511-Y ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS In this action brought by petitioner George L. Webber 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 February 22, 2011; and 3. The petitioner's written objections to the proposed findings, conclusions, and recommendation of the United States magistrate judge filed on March 7, 2011. The Court, after de novo review, concludes that Petitioner’s objections must be overruled, that the Respondent’s motion to dismiss must be granted, and the petition for writ of habeas corpus under 28 U.S.C. § 2241 should be dismissed for lack of jurisdiction, for the reasons stated in the magistrate judge's findings and conclusions, and for the reasons stated in the Respondent’s motion to dismiss at pages 6-10. Therefore, the findings, conclusions, and recommendation of the magistrate judge are ADOPTED. Respondent’s motion to dismiss (doc. 7) is GRANTED. Dockets.Justia.com George L. Webber’s petition for writ of habeas corpus under 28 U.S.C. § 2241 is DISMISSED for lack of jurisdiction. SIGNED March 17, 2011. ____________________________ TERRY R. MEANS UNITED STATES DISTRICT JUDGE 2
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