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, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION RANDY ROBERTS § VS. § WARDEN, FCC BEAUMONT MEDIUM § 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. ___________________________________ Ron Clark, United States District Judge 2

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