Pettaway v. Vasquez

Filing 9

MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the petition be dismissed. Signed by Judge Marcia A. Crone on 2/17/15. (mrp, )

UNITED STATES DISTRICT COURT

GENE EARL PETTAWAY,
Petitioner,
versus
N. VASQUEZ,
Respondent.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:14-CV-538

MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Gene Earl Pettaway, a prisoner confined at the Federal Correctional Institution
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 has submitted a Report and Recommendation of United
States Magistrate Judge. 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, pleadings, and all available evidence. 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 pursue habeas relief under § 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). This court is bound by circuit precedent, which holds that a challenge
to the validity of a career offender enhancement is not the type of claim that warrants relief under
§ 2241. Kinder v. Purdy, 222 F.3d 209, 213-14 (5th Cir. 2000).
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 will be entered in this case in accordance with the magistrate

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judge’s recommendation.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 17th day of February, 2015.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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