Lineberry v. Carvajal

Filing 9

MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING REPORT AND RECOMMENDATIONS adopting 6 Report and Recommendations. Signed by Judge David Folsom on 11/8/11. (mrm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
JED STEWART LINEBERRY

§

VS.

§

WARDEN CARVAJAL

§

CIVIL ACTION NO. 5:11-CV-88

MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Jed Stewart Lineberry, 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. Citing the Supreme Court’s decision in United States v. Santos, 514
U.S. 507 (2008), petitioner alleges that his money laundering convictions are invalid. Petitioner
raised this claim in his motion to vacate sentence, filed pursuant to 28 U.S.C. § 2255. The District
Court found the claim was procedurally defaulted because petitioner did not raise it on direct appeal.
Petitioner’s request for a certificate of appealability is currently pending before the United States

Court of Appeals for the Fifth Circuit. While petitioner’s request for a certificate of appealability
remains pending, he has an available remedy, aside from a § 2241 petition. Therefore, this petition
must be dismissed.
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 8th day of November, 2011.

____________________________________
DAVID FOLSOM
UNITED STATES DISTRICT JUDGE

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