Felts v. Rivera

Filing 13

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this petition be dismissed. Signed by Judge Marcia A. Crone on 11/6/12. (mrp, )

UNITED STATES DISTRICT COURT

KEVIN CLAY FELTS,
Petitioner,
versus
C.V. RIVERA,
Respondent.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:12-CV-106

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Kevin C. Felts, an inmate confined at the Federal Correctional Institution in
Beaumont, Texas, proceeding pro se, filed this petition for writ of habeas corpus. 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 magistrate judge has submitted a Report and Recommendation of United States
Magistrate Judge concerning the petition. The magistrate judge recommends the petition be
dismissed.
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 has conducted a de novo review of the objections asserted by petitioner. After
careful consideration, the court is of the opinion that the objections are without merit. The
magistrate judge correctly concluded that the grounds for review asserted by the petitioner do not

satisfy the requirements set forth in Reyes-Requena v. United States, 243 F.3d 893 (5th Cir.
2001).
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. A final judgment shall be entered dismissing the petition
in accordance with the recommendation of the magistrate judge.
.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 6th day of November, 2012.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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