West v. Martin
MEMORANDUM ORDER overruling petitioner's objections and adopting the magistrate jduge's 2 Report and Recommendation. Signed by Judge Marcia A. Crone on 7/25/2011. (bjc)
UNITED STATES DISTRICT COURT
GARY W. WEST,
EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 1:11-CV-175
MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Gary W. West, 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 Earl S. Hines, 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
because his claims do not meet the requirements set forth in Reyes-Requena v. United States, 243
F.3d 893, 904 (5th Cir. 2001).
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 25th day of July, 2011.
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
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