Watson v. Fox
MEMORANDUM ORDER overruling objections and adopting the magistrate judge's 5 Report and Recommendation. Signed by Judge Marcia A. Crone on 7/25/2011. (bjc)
UNITED STATES DISTRICT COURT
GEORGE H. WATSON,
EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 1:11-CV-226
MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner George H. Watson, 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 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 concerning this matter. The magistrate judge
recommends that 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 asserted by petitioner. After
careful consideration, the court is of the opinion that the objections are without merit. As
petitioner’s grounds for review are not based on his having been convicted of a nonexistent
offense and are not based on retroactively applicable Supreme Court decisions, Reyes-Requena v.
United States, 243 F.3d 893, 904 (5th Cir. 2001), prevents his grounds for review from being
asserted in a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241.
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 denying this petition for writ of habeas corpus.
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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