Meridyth v. DeHerrera et al

Filing 12

MEMORANDUM ORDER overruling petitioner's objections and adopting 4 Report and Recommendation. Signed by Judge Ron Clark on 2/18/09. (tkd, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION MICHAEL MERIDYTH VS. C. DEHERRERA, ET AL. § § § CIVIL ACTION NO. 1:08cv327

MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Petitioner Michael Meridyth, an inmate confined at the Federal Correctional Complex in Beaumont, Texas, proceeding pro se, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge recommends the petition be dismissed. The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record, pleadings and all available evidence. Petitioner filed objections to the magistrate judge's Report and Recommendation. This requires a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b). After careful consideration, the court concludes petitioner's objections should be overruled. Petitioner's claims regarding the payment of a monetary fine and restitution do not satisfy the "in custody" requirement of Section 2241. Bacerio v. Yusuff, 247 F.3d 240, 2001 WL 43528, at *1 (5th Cir. Jan. 3, 2001) (citing United States v. Segler, 37 F.3d 1131, 1137-38 (5th

Cir. 1994) (holding that the district court alcked jurisdiction over a Section 2255 claim regarding a monetary fine)). Therefore, the court lacks jurisdiction to entertain this petition. Thus, this petition should be dismissed. 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. A final judgment will be entered in this case in accordance with the magistrate judge's recommendations. So ORDERED and SIGNED this 18 day of February, 2009.

___________________________________ Ron Clark, United States District Judge

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