Vaughn v. United States of America

Filing 7

ORDER overruling objections and adopting 4 Report and Recommendation. Signed by Judge Ron Clark on 12/6/16. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
BEN DOYLE VAUGHN, III

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VS.

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UNITED STATES OF AMERICA

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CIVIL ACTION NO. 1:16-CV-408

ORDER OVERRULING PETITIONER’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Ben Doyle Vaughn, III, a prisoner confined at the LaSalle Federal Facility in
Beaumont, Texas, 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, 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 and the pleadings. 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). Petitioner is a pretrial detainee who is challenging the
constitutionality of two searches and seizures.

Because petitioner is able to challenge the

constitutionality of the searches and seizures in the pending criminal proceeding, he has not shown
exceptional circumstances warranting habeas relief. See United States v. Saegert, 251 F.2d 59, 60
(5th Cir. 1957) (holding that a pretrial detainee may not use a petition for writ of habeas corpus to

interfere with a criminal prosecution under ordinary circumstances). After careful consideration of
all the pleadings and the relevant case law, the court concludes that petitioner’s objections lack merit.
ORDER
Accordingly, petitioner’s objections (document no. 6) are OVERRULED. The findings of
fact and conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate
Judge (document no. 4) is ADOPTED. A final judgment will be entered in this case in accordance
with this memorandum order.
So ORDERED and SIGNED this 6 day of December, 2016.

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Ron Clark, United States District Judge

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