Potoski v. Fox

Filing 24

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the petition be denied. Signed by Judge Marcia A. Crone on 8/26/13. (mrp, )

UNITED STATES DISTRICT COURT
RAYMOND POTOSKI,
Petitioner,
versus
JOHN B. FOX,
Respondent.

EASTERN DISTRICT OF TEXAS
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CIVIL ACTION NO. 1:11-CV-539

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Raymond Potoski, an inmate confined at the United States Penitentiary in
Beaumont, Texas, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28
U.S.C. § 2241. The court previously referred this matter to the Honorable Keith F. Giblin,
United States Magistrate Judge, 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 concerning the petition. The magistrate judge recommends the petition be
denied.
The court has received the Report and Recommendation of United States Magistrate Judge,
along with the record, pleadings, and all available evidence. Petitioner filed objections to the
Report and Recommendation.
The court has conducted a de novo review of the objections asserted by petitioner. After
careful consideration, the court is of the opinion that the objections are without merit. For the
reasons set forth by the magistrate judge, petitioner is not entitled to credit towards his federal
sentence for the time he spent in state custody.

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 shall be entered denying the petition.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 26th day of August, 2013.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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