Wesley v. Lewis

Filing 16

MEMORANDUM ORDER overruling petitioner's objections and adopting the magistrate judge's 14 Report and Recommendation. Signed by District Judge Thad Heartfield on 2/3/2021. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
MONTARIAL WESLEY

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VS.

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WARDEN LEWIS

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CIVIL ACTION NO. 1:18-CV-22

MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Montarial Wesley, a prisoner previously confined at the Federal Correctional Complex
in Beaumont, Texas, proceeding pro se, brought 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, for consideration pursuant to applicable laws and orders of this court. The magistrate
judge recommends denying the petition.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and the pleadings. The 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 of all the pleadings and the
relevant case law, the court concludes that the petitioner’s objections lack merit.
ORDER
Accordingly, the petitioner’s objections (document no. 15) 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. 14) is ADOPTED. A final judgment will be entered in accordance with this
Memorandum Order.
SIGNED this the 3 day of February, 2021.

____________________________
Thad Heartfield
United States District Judge

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