Gilbert v. Upton

Filing 11

MEMORANDUM ORDER overruling petitioner's objections and adopting 8 Report and Recommendation. Signed by Judge Ron Clark on 12/3/10. (tkd, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION BRANDON J. GILBERT § VS. § 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. ORDER 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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?