Thad Heartfield, United States District Judge.
ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Thad Heartfield, United States District Judge.
Gary Bacon, an inmate confined within the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed the above-styled petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, for consideration pursuant to 28 U.S.C. § 636 and applicable orders of this Court. The Magistrate Judge has submitted a Report and Recommendation of United States Magistrate Judge recommending the petition be dismissed without prejudice.
The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record and pleadings. Petitioner filed objections to the Report and Recommendation.
The court has conducted a de novo review of the objections. After careful consideration, the court is of the opinion the objections are without merit. If petitioner prevails on his claim, he would not be entitled to be released from confinement. As a result, his claim may not be asserted in a petition for writ of habeas corpus. Preiser v. Rodriguez, 411 U.S. 475, 498 (1973).
However, as the Magistrate Judge observed, he could conceivably pursue his claim in a civil rights action. As a result, his civil rights claims will be severed from this action and proceed as a separate lawsuit.
ORDER
Accordingly, petitioner's objections are OVERRULED. The findings of fact and conclusions of law of the Magistrate Judge are correct and the report of the Magistrate Judge is ADOPTED. Petitioner's civil rights claims are SEVERED from this action and shall proceed as a separate lawsuit. Sergeant Burleson shall be named as the defendant in the new action and the new action shall be assigned in accordance with the court's normal procedures. A final judgment shall be entered denying the petition.