Parker v. Daniels

Filing 5

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the petition be dismissed. Signed by Judge Marcia A. Crone on 12/18/14. (mrp, )

UNITED STATES DISTRICT COURT
DANNIE SIMON PARKER, JR.,
Petitioner,
versus
CHARLES A. DANIELS,
Respondent.

EASTERN DISTRICT OF TEXAS
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CIVIL ACTION NO. 1:14-CV-386

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Dannie Simon Parker, Jr., an inmate confined at the United States Penitentiary 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 Zack Hawthorn, 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 the objections are without merit. Petitioner may not
assert his ground for review in a petition filed pursuant to 28 U.S.C. § 2241 because he is
challenging the validity of his sentence, not his conviction. Alsop v. Chandler, 551 F. App’x 217,
218-19 (5th Cir. 2014).

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 finalBeaumont,shall be entered dismissing the petition.
SIGNED at judgment Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 18th day of December, 2014.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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