Rippetoe v. Roy

Filing 13

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ORDER ADOPTING REPORT AND RECOMMENDATIONS for 10 Report and Recommendations. Signed by Judge David Folsom on 7/6/11. (mrm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
WOODY M. RIPPETOE

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VS.

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KEITH ROY

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CIVIL ACTION NO. 5:08-CV-210

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner, Woody M. Rippetoe, a prisoner currently confined at the Federal Correctional
Institution in Texarkana, Texas, 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 Caroline M. Craven, United States
Magistrate Judge, at Texarkana, Texas, for consideration pursuant to applicable laws and orders
of this Court. The Magistrate Judge recommends this action be dismissed.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the record, and pleadings. Petitioner
filed objections to the Report and Recommendation of United States Magistrate Judge. This
requires a de novo review of the objections in relation to the pleadings and applicable law. See
FED . R. CIV . P. 72(b). After careful consideration, the Court finds petitioner’s objections to be
without merit.1
ORDER
Accordingly, the objections of petitioner are OVERRULED. The findings of fact and
conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate Judge is

1

To the extent petitioner relies on Clark v. Martinez, 543 U.S. 371 (2005), the Court notes petitioner was not
foreclosed from raising any arguments that stem from this opinion as it was decided January 12, 2005. Petitioner was
convicted on January 30, 2007 and clearly had the benefit of the Clark v. Martinez opinion at the time of his appeal and
post-conviction proceedings.

.

ADOPTED. A final judgment will be entered in this case in accordance with the Magistrate
Judge’s recommendations.
SIGNED this 6th day of July, 2011.

____________________________________
DAVID FOLSOM
UNITED STATES DISTRICT JUDGE

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