Allen v. Fox

Filing 6

ORDER overruling objections and adopting 3 Report and Recommendation. Signed by Judge Ron Clark on 7/16/13. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
JAMES ALLEN

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VS.

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WARDEN FOX

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CIVIL ACTION NO. 1:13cv346

ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner James Allen, an inmate confined at the Federal Prison Camp at Beaumont,
Texas, proceeding pro se, filed the above-styled 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 orders of this court. The
Magistrate Judge has submitted a Report and Recommendation of United States Magistrate
Judge concerning this case. The Magistrate Judge recommends the petition for writ of habeas
corpus be dismissed.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the records, pleadings and all available evidence. Petitioner filed
objections to the Report and Recommendation.
The Court has conducted a de novo review of the objections in relation to the pleadings
and the applicable law. After careful consideration, the Court is of the opinion petitioner’s
objections are without merit. The grounds for review asserted by petitioner are not cognizable in
a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241. 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 accordance with the recommendation of the
Magistrate Judge.

So ORDERED and SIGNED this 16 day of July, 2013.

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Ron Clark, United States District Judge