Roybal v. US Parole Commission et al

Filing 24

MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the petition be denied. Petitioner failed to exhaust his claim that the Bureau of Prisons denied him credit for time spent in state custody. Signed by Judge Marcia A. Crone on 7/15/13. (mrp, )

UNITED STATES DISTRICT COURT

ROY ROYBAL,
Petitioner,
versus
WARDEN C. V. RIVERA,
Respondent.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:12-CV-262

MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Roy Roybal, a prisoner confined at the Federal Correctional Institution in
Beaumont, Texas, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28
U.S.C. § 2241.
The court ordered that this matter be referred 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 has submitted a Report and Recommendation of United
States Magistrate Judge. The magistrate judge recommends denying the petition.
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.
The court has conducted 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
the objections are without merit. Petitioner’s claim that the Parole Commission erroneously
denied him credit for street time lacks merit. The magistrate judge correctly concluded that

petitioner failed to exhaust his claim that the Bureau of Prisons denied him credit for time spent
in state custody. Petitioner’s administrative remedies only challenge the award of time credit by
the Parole Commission, not the calculation of petitioner’s sentence by the Bureau of Prisons.
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.
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SIGNED at Beaumont, Texas, this 7th day of September, 2004.

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

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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