Cervantez v. Rivera

Filing 5

MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this petition be dismissed. Signed by Judge Marcia A. Crone on 1/2/13. (mrp, )

UNITED STATES DISTRICT COURT

EZEQUIEL GODINEZ CERVANTEZ,
Petitioner,
versus
WARDEN RIVERA,
Respondent.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:12-CV-34

MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Ezequiel Godinez Cervantez, an inmate confined at the Federal Correctional
Complex in Beaumont, Texas, proceeding pro se, brought this 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 laws and orders of this court.
The magistrate judge recommends that the above-styled petition should be dismissed.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record, pleadings and all available evidence. 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 the applicable law. See FED. R. CIV. P. 72(b).
After careful consideration, the court concludes Petitioner’s objections are without merit.
The savings clause in 28 U.S.C. § 2255 does not present a problem under the Suspension Clause
contained in Article I, § 9 of the Constitution. See Reyes-Requena v. United States, 243 F.3d 893,
901 n.19 (5th Cir. 2001). Accordingly, petitioner’s objections should be overruled.

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.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 2nd day of January, 2013.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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