Hampton v. Rader

Filing 18

MEMORANDUM ORDER PARTIALLY OVERRULINLG OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. The Magistrate Judge recommends denying the petition for writ of habeas corpus for failure to exhaust administrative remedies. Signed by District Judge Marcia A. Crone on 8/21/18. (mrp, )

UNITED STATES DISTRICT COURT

JOHN HAMPTON,
Petitioner,
versus
SHERIFF BOBBY RADER,
Respondent.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:17-CV-341

MEMORANDUM ORDER PARTIALLY OVERRULING OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner, John Hampton, a former pre-trial detainee confined at the Liberty County Jail,
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 Zack Hawthorn, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
The Magistrate Judge recommends denying the petition for writ of habeas corpus for failure to
exhaust administrative remedies.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, 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 a careful review, this court finds the objections lacking in merit. Petitioner has since
been convicted and is now incarcerated at the Huntsville Unit with the Texas Department of
Criminal Justice. Petitioner’s claim regarding the denial of bond is now moot.1
ORDER
Accordingly, the objections of the plaintiff are OVERRULED. The findings of fact and
conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate Judge is
PARTIALLY ADOPTED to the extent it recommends dismissal. A Final Judgment will be
entered in accordance with the recommendations of the Magistrate Judge.
.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 21st day of August, 2018.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

1

Petitioner’s claims contesting the conviction have been severed by separate order and will proceed as a
separate 28 U.S.C. § 2254 petition against the Director of TDCJ-CID.

2