Tello v. Martin

Filing 5

MEMORANDUM ORDER overruling objections and adopting 2 Report and Recommendation. Signed by Judge Ron Clark on 3/6/12. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
ANGEL NERI ESTRADA TELLO

§

VS.

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M. MARTIN

§

CIVIL ACTION NO. 1:11cv656

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Angel Neri Estrada Tello, an inmate confined within the Bureau of Prisons, proceeding
pro se, filed the above-styled petition for writ of habeas corpus. The court referred this matter to
the Honorable Keith F. GIblin, United States Magistrate Judge, at Beaumont, Texas, for
consideration pursuant to applicable orders of this court. The Magistrate Judge has submitted a
Report and Recommendation of United States Magistrate Judge concerning this matter. The
Magistrate Judge recommends the petition be dismissed.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and pleadings. Petitioner filed objections to the Report
and Recommendation.
The court has conducted a de novo review of the objections in relation to the pleadings
and the applicable law. After careful consideration, the court concludes the objections are
without merit. Petitioner asserts that the writ of habeas corpus has been improperly suspended if
relief is not available to him under 28 U.S.C. § 2255 or § 2241. However, this claim is without
merit because 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).
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 dismissing the petition.
So ORDERED and SIGNED this 6 day of March, 2012.

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Ron Clark, United States District Judge