Tucker v. Carvajal
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 3 Report and Recommendations. Signed by Judge David Folsom on 9/6/11. (mrm, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
JOE THOMAS TUCKER
M. D. CARVAJAL
CIVIL ACTION NO. 5:11-CV-12
MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Joe Thomas Tucker, 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 the Honorable Caroline Craven, United
States 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.
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 may not challenge his firearm convictions or sentences
under § 2241, because his claims do not meet the requirements set forth in Reyes-Requena v. United
States, 243 F.3d 893, 904 (5th Cir. 2001).
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
SIGNED this 6th day of September, 2011.
UNITED STATES DISTRICT JUDGE
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