Mora v. Vasquez

Filing 9

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this petition be dismissed without prejudice. Signed by Judge Marcia A. Crone on 10/23/13. (mrp, )

UNITED STATES DISTRICT COURT
RAMON MORA,
Petitioner,
versus
WARDEN VASQUEZ,
Respondent.

EASTERN DISTRICT OF TEXAS
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CIVIL ACTION NO. 1:13-CV-239

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Ramon Mora, an inmate 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, 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 without prejudice.
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. Citing
Braddy v. Fox, 476 F. App’x 51 (5th Cir. 2012), petitioner argues that he is allowed to challenge
the conditions of his confinement in a habeas petition. In Braddy, the petitioner claimed that the
government breached a term in a written plea agreement by housing him in close proximity to his
co-defendants. The United States Court of Appeals for the Fifth Circuit remanded the case to the
district court to determine whether the plea agreement was breached. In this case, unlike Braddy,
petitioner does not assert that a provision in his plea agreement requires the Bureau of Prisons to

provide specific conditions of confinement. Rather, petitioner argues that his plea agreement
implicitly guarantees him conditions of confinement required by contracts, statutes, regulations,
ordinances, and rules governing the Bureau of Prisons. This argument lacks merit.
Whether the Bureau of Prisons is providing petitioner with the conditions of confinement to which
he is entitled is not a matter for habeas review.
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 shall be entered dismissing the petition.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 23rd day of October, 2013.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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