Semien v. United States of America

Filing 12

MEMORANDUM ORDER overruling petitioner's objections and adopting the magistrate judge's 8 Report and Recommendation. Signed by Judge Thad Heartfield on 8/22/2017. (bjc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
ERWIN EUGENE SIMIEN

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VS.

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UNITED STATES OF AMERICA

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CIVIL ACTION NO. 1:15cv257

MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Erwin Eugene Simien, a federal prisoner, brought this petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2241.
The court referred this matter 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 recommends the petition be denied.
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. 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 the applicable law. See FED. R. CIV. P. 72(b).
After careful consideration, the court concludes petitioner’s objections should be overruled.
Petitioner seeks credit for time spent out of custody due to his erroneous release from the custody
of the Texas Department of Criminal Justice on parole rather than being turned over to his federal
detainer. However, there is no evidence the authority seeking to enforce the sentence erred.
Petitioner’s assertions otherwise are pure speculation. Accordingly, petitioner should not be allowed
to avoid service of that sentence.

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 Judge’s
recommendations.
SIGNED this the 22 day of August, 2017.

____________________________
Thad Heartfield
United States District Judge

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