Robinson v. Martin

Filing 5

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

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
MYRON ROBINSON

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VS.

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M. MARTIN

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CIVIL ACTION NO. 1:11-CV-660

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner, Myron Robinson, a federal prisoner currently confined at FCI Beaumont Low,
proceeding pro se, filed this petition for writ of habeas corpus seeking relief from his federal
conviction and sentence.
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 this action be dismissed.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record, and pleadings. 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 applicable law. See FED . R. CIV . P.
72(b).
After careful consideration, the Court finds the objections lacking in merit. As the
Magistrate Judge correctly concluded, petitioner has not satisfied either prong of the ReyesRequena test. Reyes-Requena v. United States, 243 F.3d 893 (5th Cir. 2001). Petitioner has
failed to demonstrate he was convicted of a nonexistent offense and that his grounds for review
were foreclosed by circuit law at the time when the claim should have been raised in petitioner’s
trial, appeal, or first Section 2255 motion. Id. at 904.

ORDER
Accordingly, the objections of petitioner 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 recommendations.
So ORDERED and SIGNED this 12 day of January, 2012.

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Ron Clark, United States District Judge

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