Ester v. Jones
MEMORANDUM ORDER overruling objections and adopting 8 Report and Recommendation. Respondent's 6 Motion for Summary Judgment is granted. Signed by District Judge Marcia A. Crone on 1/12/18. (tkd, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 1:17-CV-106
MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Patrick Ester, 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 Keith F. GIblin,
United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws
and orders of this court.
Petitioner is challenging a prison disciplinary conviction for fighting with his cell mate.
The respondent filed a motion to dismiss or, in the alternative, motion for summary judgment.
Construing the filing as a motion for summary judgment, the magistrate judge has submitted a
Report and Recommendation of United States Magistrate Judge recommending the motion be
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
contends there was insufficient evidence to support the disciplinary conviction. He states he was
giving his cell mate a hug to congratulate him for being designated for placement in a camp rather
than fighting with him.
The charging officer’s report stated the charging officer saw petitioner wrestling with
another inmate in an aggressive manner and that the inmates were knocking each other into a
locker and a bunk. Petitioner denied the allegation and provided arguments to support his denial.
However, as the magistrate judge pointed out, the determination as to how to weigh the conflicting
evidence was for the Discipline Hearing Officer. As the charging officer’s report provided “some
evidence” to support the disciplinary conviction, this court may not reweigh the evidence.
Richards v. Dretke, 394 F.3d 291. 294 (5th Cir. 2004).
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. The respondent’s motion for summary judgment is GRANTED. A final judgment
shall be entered denying the petition.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 12th day of January, 2018.
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
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