Rhodes v. Warden

Filing 7

MEMORANDUM ORDER overruling objections and adopting the magistrate judge's 4 Report and Recommendation. Signed by Judge Thad Heartfield on 7/8/2014. (bjc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
WILLIAM MICHAEL RHODES

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VS.

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WARDEN, FCI BEAUMONT MEDIUM

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CIVIL ACTION NO. 1:14-CV-113

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner, William Michael Rhodes, a federal prisoner currently confined at FCI
Beaumont, 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 Zack Hawthorn, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this
Court. The Magistrate Judge recommends this action be denied.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record, and pleadings. 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 applicable law. See FED . R. CIV . P. 72(b).
After careful consideration, the Court finds the objections lacking in merit. Petitioner has
not demonstrated he was convicted of a nonexistent offense or that his grounds for review were
foreclosed by circuit law when they could have been raised and, therefore, has failed to satisfy
either prong of the Reyes-Requena test. Reyes-Requena v. United States, 243 F.3d 893 (5th Cir.
2001). The Court also finds petitioner’s argument that the Reyes-Requena criteria violate the
Suspension Clause, notwithstanding Circuit law to the contrary, to be unavailing.
ORDER
Accordingly, the objections of petitioner 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 recommendations.
SIGNED this the 8 day of July, 2014.

____________________________
Thad Heartfield
United States District Judge

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