Morrow v. United States
MEMORANDUM ORDER overruling petitioner's objections and adopting the magistrate judge's 3 Report and Recommendation. Signed by Judge Thad Heartfield on 11/26/2012. (bjc)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
UNITED STATES OF AMERICA
CIVIL ACTION NO.
MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Dario Morrow, a prisoner confined at the Federal Correctional Institution in
Beaumont, Texas, filed this petition for writ of habeas corpus.
The court ordered that this matter be referred 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 has submitted a Report and Recommendation of United States
Magistrate Judge. The magistrate judge recommends dismissing the petition.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and the pleadings. 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 may not challenge his conviction or sentence under Section
2241, because his claims do not meet the requirements set forth in Reyes-Requena v. United States,
243 F.3d 893, 904 (5th Cir. 2001). Further, the All Writs Act and common law avenues of relief are
not available to petitioner. See Polley v. Jeter, 202 Fed.Appx. 806, 806 (5th Cir. Oct. 24, 2006).
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
SIGNED this the 26 day of November, 2012.
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?