Siu v. Roy

Filing 5

MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION; adopting 2 Report and Recommendations. Signed by Judge David Folsom on 2/1/12. (mrm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
EHONG SIU

§

VS.

§

KEITH ROY

§

CIVIL ACTION NO. 5:09-CV-50

MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Ehong Siu, a prisoner confined at the Federal Correctional Institution in
Texarkana, Texas, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.
The Court ordered that this matter be referred to a magistrate judge for consideration pursuant
to applicable laws and orders of this court. The magistrate judge has submitted a Report and
Recommendation of United States Magistrate Judge. The magistrate judge recommends dismissing
the petition without prejudice for failure to exhaust administrative remedies.
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.
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, the Court concludes the
objections are without merit. Petitioner did not exhaust administrative remedies prior to filing this
petition. Instead, he pursued administrative remedies after this petition was filed. Exhaustion was
not futile because his claims were reviewed on the merits. After exhausting administrative remedies,
petitioner filed a second petition, which was dismissed. See Siu v. Roy, Civil Action No. 5:09-CV167 (E.D. Tex).

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 this 1st day of February, 2012.

____________________________________
DAVID FOLSOM
UNITED STATES DISTRICT JUDGE

2