Clark v. Vasquez

Filing 15

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this petition be dismissed Signed by Judge Marcia A. Crone on 10/1/14. (mrp, )

UNITED STATES DISTRICT COURT
ROBERT H. CLARK, JR.,
Petitioner,
versus
H. VASQUEZ,
Respondent.

EASTERN DISTRICT OF TEXAS
§
§
§
§
§
§
§
§
§

CIVIL ACTION NO. 1:13-CV-573

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Robert H. Clark, Jr., 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 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 has submitted a Report and Recommendation of United States
Magistrate Judge concerning the petition. The magistrate judge recommends the petition be
dismissed.
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. Petitioner
may not challenge his conviction or sentence in a petition filed pursuant to 28 U.S.C. § 2241
because his grounds for review do not meet the requirements set forth in 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 shall be entered dismissing the petition.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 1st day of October, 2014.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

2