Nunez v. Martin
MEMORANDUM ORDER overruling petitioner's objections and adopting the magistrate judge's 2 Report and Recommendation. Signed by Judge Thad Heartfield on 1/26/2012. (bjc)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 1:11-CV-605
MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Hector Nunez, a federal prisoner confined in Beaumont, Texas, brought 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 and the pleadings. 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 argues that the writ of habeas corpus has been suspended
if relief is not available to him under 28 U.S.C. § 2255 or § 2241. This claim lacks merit. The
savings clause under § 2255 does not violate the Suspension Clause of the United States
Constitution. Wesson v. U.S. Penitentiary, Beaumont, 305 F.3d 343, 346-47 (5th Cir. 2002).
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
SIGNED this the 26 day of January, 2012.
United States District Judge
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