Posley v. Chandler, No. 4:2012cv00587 - Document 10 (N.D. Tex. 2013)

Court Description: ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS adopting 9 Findings and Recommendations... Posley's petition for writ of habeas corpus under 28 U.S.C. § 2241 is DISMISSED without prejudice for lack of jurisdiction. See Order for further specifics. (Ordered by Judge Terry R Means on 1/7/2013) (krg)

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Posley v. Chandler Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION TIMOTHY POSLEY, Petitioner, VS. RODNEY W. CHANDLER, Warden, FCI-Fort Worth, Respondent. § § § § § § § § CIVIL ACTION NO.4:12-CV-587-Y ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS Before the Court is the petition for writ of habeas corpus under 28 U.S.C. § 2241 of petitioner Timothy Posley, along with the December 5, 2012 findings, conclusions, and recommendation of the United States magistrate judge. The magistrate judge gave the parties until December 26 to file written objections to the findings, conclusions, and recommendation. As of the date of this order, no written objections have been filed. The Court has reviewed the pleadings and the record in this case, and has reviewed for clear error the proposed findings, conclusions and recommendation. The Court concludes that, for the reasons stated by the magistrate judge, the petition for writ of habeas corpus should be dismissed without prejudice for lack of jurisdiction. Therefore, the findings, conclusions and recommendation of the magistrate judge are ADOPTED. Timothy Posley’s petition for writ of habeas corpus under 28 U.S.C. § 2241 is DISMISSED without prejudice for lack of jurisdiction. SIGNED January 7, 2013. ____________________________ TERRY R. MEANS UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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