Mora v. Martin

Filing 5

MEMORANDUM ORDER overruling petitioner's objections and adopting 2 Report and Recommendation. Signed by Judge Ron Clark on 1/18/12. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
RAMON MORA

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VS.

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M. MARTIN

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CIVIL ACTION NO. 1:11-CV-642

MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Ramon Mora, 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. In support of his claims, petitioner cites Bond v. United States, U.S.
, 131 S. Ct. 2355 (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 a criminal statute. Bond did not invalidate the federal statutes that petitioner was convicted
of violating. Blodgett v. Martin, 2011 WL 6187097, at *1 (5th Cir. Dec. 14, 2011) (unpublished).
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
recommendation.
So ORDERED and SIGNED this 18 day of January, 2012.

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Ron Clark, United States District Judge

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