Gilbert v. Upton
MEMORANDUM ORDER overruling petitioner's objections and adopting 8 Report and Recommendation. Signed by Judge Ron Clark on 12/3/10. (tkd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BRANDON J. GILBERT
JODY R. UPTON
CIVIL ACTION NO. 1:10-CV-238
MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Brandon J. Gilbert, a federal prisoner confined in Beaumont, Texas, brought this
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.
The court ordered that this matter be referred 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 has submitted a Report and Recommendation of United States
Magistrate Judge. The magistrate judge recommends denying the petition.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and the pleadings. Petitioner filed objections to the
magistrate judge’s Report and Recommendation.
The court has conducted 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 the
objections are without merit.
A subsequent sentencing judge must be presumed to know how sentences will be
calculated, or this court would become involved in endless review of other court's judgments.
Petitioner's objections are OVERRULED. The findings of fact and conclusions of law of
the magistrate judge are correct and his report is ADOPTED. A final judgment will be entered
in this case in accordance with the magistrate judge’s recommendation.
So ORDERED and SIGNED this 3 day of December, 2010.
Ron Clark, United States District Judge
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