Nunez v. Carvajal

Filing 8

MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING REPORT AND RECOMMENDATIONS for 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
HECTOR NUNEZ

§

VS.

§

M. D. CARVAJAL

§

CIVIL ACTION NO. 5:11-CV-125

MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Hector Nunez, a prisoner confined at the Federal Correctional Institution in
Texarkana, Texas, proceeding through counsel, 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’s claim that newly-discovered evidence demonstrates he is
actually innocent of the drug offense could have been brought in a motion to vacate, aside or correct
sentence pursuant to 28 U.S.C. § 2255. Petitioner may not challenge his conviction 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).
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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