Rucker v. Warden USP Beaumont
ORDER overruling objections and adopting 4 Report and Recommendation. Signed by Judge Ron Clark on 7/29/14. (tkd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
WARDEN, USP BEAUMONT
CIVIL ACTION NO.
ORDER OVERRULING PETITIONER’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Larry Rucker, a federal prisoner previously confined 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 Keith F. Giblin, United States
Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of
this court. 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).
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
So ORDERED and SIGNED this 29 day of July, 2014.
Ron Clark, United States District Judge
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