Harvey v. Vasquez
MEMORANDUM ORDER overruling petitioner's objections and adopting 2 Report and Recommendation. Signed by Judge Ron Clark on 5/23/13. (tkd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 1:13cv44
MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Christopher Harvey, 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 Zack Hawthorn, 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
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).
Petitioner filed a motion to amend his petition (docket entry no. 4). Liberally construed, petitioner’s motion to amend
is interpreted as objections to the Report, and the amended petition has been considered when preparing this 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
So ORDERED and SIGNED this 23 day of May, 2013.
Ron Clark, United States District Judge
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