McNeal v. Martin

Filing 4

MEMORANDUM ORDER OVERRULLING OBJECTIONS AND ADOPTING 2 REPORT AND RECOMMENDATIONS. Signed by Judge Marcia A. Crone on 9/27/10. (pkb, )

-KFG McNeal v. Martin

Doc. 4

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

ROBERT L. MCNEAL, Petitioner, versus M. MARTIN, Respondent.

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CIVIL ACTION NO. 1:10-CV-446

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Robert L. McNeal, an inmate confined at the Federal Correctional Institution at Beaumont, Texas, proceeding pro se, filed 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 has submitted a Report and Recommendation of United States Magistrate Judge concerning the petition. The magistrate judge recommends the petition be denied. The court has received the Report and Recommendation of United States Magistrate Judge, along with the record, pleadings, and all available evidence. Petitioner filed objections to the Report and Recommendation. The court has conducted a de novo review of the objections in relation to the pleadings and the applicable law. After careful consideration, the court concludes the objections are without merit. The grounds for review asserted by petitioner are not cognizable in a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241.

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ORDER Accordingly, petitioner's objections to the Report and Recommendation 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 denying the petition. . SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 27th day of September, 2010.

________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE

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