Cotton v. Upton

Filing 5

MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING 3 REPORT AND RECOMMENDATIONS. Signed by Judge Marcia A. Crone on 9/27/10. (pkb, )

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-KFG Cotton v. Upton Doc. 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS KELVIN D'ANDRE COTTON, Petitioner, versus JODY UPTON, et al., Respondent. CIVIL ACTION NO. 1:10-CV-478 MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Petitioner Kelvin D'Andre Cotton, a prisoner confined at the Federal Correctional Institution in Beaumont, Texas, proceeding pro se, filed 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 dismissing the petition. 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. 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. Petitioner may not pursue habeas relief under Section 2241 Dockets.Justia.com because his claims do not meet the requirements set forth in Reyes-Requena v. United States, 243 F.3d 893, 904 (5th Cir. 2001). 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 recommendation. . 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 2

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