Migliaccio v. Vasquez

Filing 5

MEMORANDUM ORDER overruling Petitioner's objections and adopting the magistrate judge's #2 Report and Recommendation. Signed by Judge Thad Heartfield on 5/22/2013. (bjc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
LANCE C. MIGLIACCIO

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VS.

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WARDEN VASQUEZ

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CIVIL ACTION NO. 1:13cv31

MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Lance C. Migliaccio, an inmate confined at the Federal Correctional Complex in
Beaumont, Texas, proceeding pro se, brought this petition for writ of habeas corpus pursuant to 28
U.S.C. § 2241.
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 the petition be dismissed.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the record and pleadings. Petitioner filed
objections to the Magistrate Judge’s Report and Recommendation.1 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 should be overruled.
Petitioner’s petition does not meet the criteria required to support a claim under the savings clause

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Petitioner filed a motion to amend his petition (docket entry no. 3). Liberally construed, petitioner’s motion to amend
is interpreted as objections to the Report, and the motion also has been considered as an amended petition when preparing
this order.

of 28 U.S.C. § 2255. See Padilla v. United States, 416 F.3d 424 (5th Cir. 2005); 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. A final judgment will be entered in this case in accordance with the Magistrate Judge’s
recommendations.
SIGNED this the 22 day of May, 2013.

____________________________
Thad Heartfield
United States District Judge

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