Ibeh v. Martin

Filing 20

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that respondent's motion to dismiss be granted. Signed by Judge Marcia A. Crone on 5/15/13. (mrp, )

UNITED STATES DISTRICT COURT
KINGSLEY IBEH,
Petitioner,
versus
MARK MARTIN,
Respondent.

EASTERN DISTRICT OF TEXAS
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CIVIL ACTION NO. 1:11-CV-673

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Kingsley Ibeh, proceeding pro se, filed 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, for consideration pursuant to applicable laws and orders of this
court.
The respondent filed a motion for summary judgment. The magistrate judge has submitted
a Report and Recommendation of United States Magistrate Judge recommending the motion be
granted.
The court has received the Report and Recommendation of United States Magistrate Judge,
along with the record, pleadings, and all available evidence. Petitioner filed objections to the
Report and Recommendation. The court must therefore conduct a de novo review of the
objections.
Petitioner challenges three prison disciplinary convictions. In his objections, he states
prison officials failed to comply with prison regulations during the disciplinary proceedings. Even
if petitioner is correct, this allegation would not entitle him to relief. Failure to follow prison
regulations, standing alone, does not constitute a violation of a petitioner’s due process rights.
Murphy v. Collins, 26 F.3d 541, 543 (5th Cir. 1994). “A prison official’s failure to follow the
prison’s own policies, procedures or regulations does not constitute a violation of due process, if
constitutional minima are nevertheless met.” Myers v. Klevenhagen, 97 F.3d 91, 94 (5th Cir.

1996). In Wolff v. McDonnell, 418 U.S. 539 (1974), the Supreme Court established the process
due an inmate charged with violating prison rules. As petitioner has not established he was denied
any of the procedural protections established in Wolff, he is not entitled to relief. The objections
are therefore without merit.
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 as the opinion of the court. The respondent’s motion for summary judgment is
GRANTED. A final judgment shall be entered denying the petition in accordance with the
recommendation of the magistrate judge.
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SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 15th day of May, 2013.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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