Richards v. Martin
MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this petition be dismissed. Signed by Judge Marcia A. Crone on 4/26/12. (mrp, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 1:11-CV-577
MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Roderick Richards, 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 that the above-styled petition should be dismissed.
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. 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 should be overruled.
In support of his claims, Petitioner cites Bond v. United States,
, 131 S.Ct. 2355,
180 L.Ed.2d 269 (2011). In Bond, the Supreme Court held that a person convicted of a federal
offense had standing to assert that Congress exceeded its power under the Tenth Amendment in
enacting the applicable criminal statute. The Supreme Court did not hold that such a claim could
be raised in a § 2241 petition, and the Court did not invalidate any federal criminal statutes. Blodgett
v. Martin, 2011 WL 6187097, at *1 (5th Cir. Dec. 14, 2011) (unpublished). 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).
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
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 26th day of April, 2012.
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
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