Opinion
No. 4:01-CV-344-Y
January 11, 2002
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS (With Srecial 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 December 13, 2001.
3. The Petitioner's written objections to the proposed findings, conclusions and recommendation of the United States Magistrate Judge filed on January 2, 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 dismissed for the reasons stated in the magistrate judge's findings and conclusions.
Petitioner's citation to United States v. Johnson, 258 F.3d 361 (5th Cir. 2001) is misplaced. That case held that parties cannot consent under 28 U.S.C. § 636(c) to allow a magistrate judge to issue a final disposition on a motion under 28 U.S.C. § 2255. Id. at 372. In this case filed under 28 U.S.C. § 2241, the matter was referred to the magistrate judge under 28 U.S.C. § 636(b)(1)(B) for the preparation of a findings, conclusions and recommendation. That recommendation has been issued, and this court has reviewed that recommendation de novo. This court issues the final disposition.
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 Petitioner's Petition for Writ of Habeas Corpus be, and is hereby, DISMISSED WITH PREJUDICE.
It is further ORDERED that the clerk of the Court shall transmit a copy of this order to Petitioner by certified mail, return receipt requested.