Hammond v. Upton
MEMORANDUM ORDER overruling petitioner's objections and adopting the magistrate judge's 24 Report and Recommendation. Signed by Judge Marcia A. Crone on 3/4/2012. (bjc)
UNITED STATES DISTRICT COURT
MARTAZE D. HAMMOND,
JODY R. UPTON,
EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 1:10-CV-334
MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Martaze D. Hammond, an inmate formerly 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 a United States Magistrate Judge at Beaumont, Texas for
consideration pursuant to applicable laws and orders of this court.
The magistrate judge
recommends that the above-styled petition should be denied.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, 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 are without merit.
Petitioner failed to exhaust all steps of the available administrative grievance procedure
before bringing this petition. Thus, Petitioner’s claims should be dismissed for failing to exhaust
administrative remedies. See United States v. Setser, 607 F.3d 128, 133 n.3 (5th Cir. 2010);
Rourke v. Thompson, 11 F.3d 47, 49 (5th Cir. 1993).
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
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 4th day of March, 2012.
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
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?