Roberts v. Warden, FCC Beaumont Medium

Filing 8

ORDER overruling objections and adopting 4 Report and Recommendation. Signed by Judge Ron Clark on 10/16/12. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
RANDY ROBERTS

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VS.

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WARDEN, FCC BEAUMONT MEDIUM

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CIVIL ACTION NO. 1:11cv524

ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Randy Roberts, 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 denied.
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).
After careful consideration, the court concludes petitioner's objections are without merit and
should be overruled. Unlike the cases petitioner cites in support of his position, petitioner was
charged with possession of a hazardous tool when he was found in possession of an unauthorized
item, a homemade candle or burner, which could produce an open flame capable of starting a fire,
destroying security devices, or can be used to burn staff and inmates. The charging officer asserted

in the incident report that petitioner was found while the flame was burning on his desk. As the
decision of the Disciplinary Hearing Officer was based on some evidence and was not arbitrary and
capricious, the Court will not overturn the decision. See Superintendent v. Hill, 472 U.S. 445,
454–55 (1985); Gibbs v. King, 779 F.2d 1040, 1046 (5th Cir. 1986), cert. denied, 476 U.S. 1117
(1986).
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 16 day of October, 2012.

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Ron Clark, United States District Judge

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