Hinkson v. UNITED STATES OF AMERICA

Filing 61

MEMORANDUM ORDER overruling objections and adopting 59 Report and Recommendation. Signed by District Judge Marcia A. Crone on 2/22/21. (tkd, )

Case 1:18-cv-00064-MAC-KFG Document 61 Filed 02/22/21 Page 1 of 2 PageID #: 832

UNITED STATES DISTRICT COURT

OWEN GARTH HINKSON,
Petitioner,
versus
UNITED STATES OF AMERICA,
Respondent.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:18-CV-64

MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Owen Garth Hinkson, an inmate at the United States Penitentiary located in
Atlanta, Georgia, proceeding pro se, brought this petition for writ of coram nobis.
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 denying and dismissing the petition.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record, pleadings and all available evidence. 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 are without merit.
As set forth in the Report, petitioner’s petition is barred by the waiver provision contained in his
written plea agreement. Further, in the alternative, petitioner’s claims are without merit. “The
writ is not a substitute for an appeal and will issue only when no other remedy is available and
when sound reasons exist for failure to seek appropriate earlier relief.” Nowden v. United States,

Case 1:18-cv-00064-MAC-KFG Document 61 Filed 02/22/21 Page 2 of 2 PageID #: 833

775 F. App’x 174, 175 (5th Cir. 2019) (internal quotation marks and citation omitted).
Petitioner has failed to satisfy his burden of showing an error of sufficient magnitude to
justify such an extraordinary remedy.

See United States v. Esogbue, 357 F.3d 532, 534

(5th Cir. 2004). Petitioner’s current petition is a continuation of his frivolous attacks on his
conviction. See United States v. Hinkson, 72 F. App’x 972 (5th Cir. 2003). Consequently,
petitioner’s objections should be overruled.
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 recommendation.

SIGNED at Beaumont, Texas, this 22nd day of February, 2021.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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