Stewart v. Martin
MEMORANDUM ORDER overruling petitioner's objections and adopting the magistrate judge's 2 Report and Recommendation. Signed by Judge Thad Heartfield on 12/2/2011. (bjc)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO.
MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Robert Stewart, a federal prisoner confined in Beaumont, Texas, brought 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 and the pleadings. 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. In support of his claims, petitioner cites Bond v. United States, U.S.
, 131 S. Ct. 2355 (2011). In Bond, the Supreme Court held that a person convicted of a federal
offense had standing to assert that Congress exceeded its power under the Tenth Amendment in
enacting a criminal statute. Bond did not invalidate the federal statutes that petitioner was convicted
of violating. Petitioner may not pursue habeas relief under § 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 judge’s
SIGNED this the 2 day of December, 2011.
United States District Judge
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