Mack v. Rivera
MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING REPORT AND RECOMMENDATION that the petition be dismissed without prejudice to petitioner's ability to pursue his claims by filing a civil rights action. Signed by Judge Marcia A. Crone on 10/14/16. (mrp, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 1:13-CV-604
MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Dolandon Mack, 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 that the above-styled petition should be dismissed without
prejudice to petitioner’s ability to pursue his claims by filing a civil rights action.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record, pleadings and all available evidence. Petitioner filed
objections to the magistrate judge’s Report and Recommendation. 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 are without merit.
As the magistrate judge determined, petitioner’s claim of the alleged deprivation of property
without due process does not contest the fact or duration of his confinement. Therefore,
petitioner’s claim does not serve as a basis for habeas corpus relief. See Carson v. Johnson, 112
F.3d 818, 820-21 (5th Cir. 1997). Thus, the proper vehicle for petitioner to bring his claim is to
file a § 1983 lawsuit. Id. at 821.
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
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 14th day of October, 2016.
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
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