Limehouse v. Daniels

Filing 4

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. Signed by Judge Marcia A. Crone on 10/16/14. (mrp, )

UNITED STATES DISTRICT COURT
JERRICK LIMEHOUSE,
Petitioner,
versus
CHARLES A. DANIELS,
Respondent.

EASTERN DISTRICT OF TEXAS
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CIVIL ACTION NO. 1:14-CV-426

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Jerrick Limehouse, 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 relies
on the Supreme Court’s decision in Descamps v. United States, 133 S.Ct. 2276 (2013). The
magistrate judge correctly concluded that as the decision in Descamps only addresses sentencing
issues, it has no effect on whether the facts of petitioner’s case would support his convictions for
the substantive offenses. Whittaker v. Chandler, 574 F. App’x 448 (2014). As a result, the

decision does not provide petitioner with a basis for relief under Section 2241. Wesson v. U.S.
Penitentiary Beaumont, TX, 305 F.3d 343, 348 (5th Cir. 2002).
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 this date.
Oct 16, 2014

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