Cloud v. Fox

Filing 5

MEMORANDUM ORDER overruling petitioner's objections and adopting the magistrate judge's 2 Report and Recommendation. Signed by Judge Thad Heartfield on 7/11/2013. (bjc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
JOHN WILLIE CLOUD, JR.

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VS.

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WARDEN FOX

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CIVIL ACTION NO.

1:13-CV-338

MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner John Willie Cloud, Jr., a federal prisoner confined 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 28
U.S.C. § 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 F. App’x 806 (5th Cir. 2006).

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.
SIGNED this the 11 day of July, 2013.

____________________________
Thad Heartfield
United States District Judge

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