Wadley v. Martin

Filing 7

MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this petition be dismissed. Because there is statutory authority for attacking a federal conviction and sentence, the All Writs Act and common law avenues of relief are not available to petitioner. Signed by Judge Marcia A. Crone on 12/14/11. (mrp, )

UNITED STATES DISTRICT COURT

OMAR WADLEY,
Petitioner,
versus
MARK MARTIN,
Respondent.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:11-CV-535

MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Omar Wadley, a prisoner confined at the Federal Correctional Institution in
Beaumont, Texas, proceeding pro se, filed this petition for writ of habeas corpus.
The court ordered that this matter be referred 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 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, pleadings, and all available evidence. 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. Petitioner contends that his claims are cognizable under the All
Writs Act, 28 U.S.C. § 1651, and common law. The All Writs Act is a source of authority for
issuing writs in situations not covered by statute. Carlisle v. United States, 517 U.S. 416, 429

(1996). Because there is statutory authority for attacking a federal conviction and sentence, the
All Writs Act and common law avenues of relief are not available to petitioner. See Polley v.
Jeter, 202 Fed.Appx. 806, 806 (5th Cir. Oct. 24, 2006).
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

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judge’s recommendation.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 14th day of December, 2011.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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