Johnson v. Daniels

Filing 5

MEMORANDUM ORDER adopting the magistrate judge's 2 Report and Recommendation. Signed by Judge Thad Heartfield on 11/17/2014. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
DAVID JOHNSON

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VS.

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CHARLES A. DANIELS

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CIVIL ACTION NO.

1:14-CV-455

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Petitioner David Johnson, a federal prisoner 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 Zack Hawthorn, 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 filed pursuant to such order, along with the record and pleadings. No objections
to the Report and Recommendation of United States Magistrate Judge were filed by the parties.
After the Report and Recommendation was entered, petitioner filed an amended petition. The claims
raised in the amended petition must also be dismissed because they do not meet the requirements set
forth in Reyes-Requena v. United States, 243 F.3d 893, 904 (5th Cir. 2001).

ORDER
Accordingly, 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 recommendation.
SIGNED this the 17 day of November, 2014.

____________________________
Thad Heartfield
United States District Judge

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