Baker v. Martin

Filing 6

MEMORANDUM ORDER overruling petitioner's objections and adopting 3 Report and Recommendation. Signed by Judge Ron Clark on 12/22/11. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
CALVIN BAKER

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VS.

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M. MARTIN

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CIVIL ACTION NO. 1:11cv507

MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Petitioner Calvin Baker, an inmate confined at the Federal Correctional Complex in
Beaumont, Texas, proceeding pro se, brought this petition for writ of habeas corpus pursuant to 28
U.S.C. § 2241.
The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
The Magistrate Judge recommends the petition be dismissed.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the record and pleadings. Petitioner filed
objections to the Magistrate Judge's Report and Recommendation. This requires a de novo review
of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b).
Petitioner objects to the report and asserts that the use of case law to bar his petition is
constitutional error. After careful consideration, the court concludes petitioner's objections should
be overruled.
In Bond v. United States,

U.S.

, 131 S.Ct. 2355 (2011), the Supreme Court held that a

person convicted of a federal offense had standing to assert that, in enacting the applicable criminal

statute, Congress exceeded its power under the Tenth Amendment.

However, Bond did not

establish that petitioner was convicted based upon conduct that did not constitute a crime. Thus,
petitioner's petition does not meet the criteria required to support a claim under the savings clause
of 28 U.S.C. § 2255. See Padilla v. United States, 416 F.3d 424 (5th Cir. 2005); Reyes-Requena v.
United States, 243 F.3d. 893 (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
recommendations.

So ORDERED and SIGNED this 22 day of December, 2011.

___________________________________
Ron Clark, United States District Judge

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