Hernandez v. Carvajal

Filing 6

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING REPORT AND RECOMMENDATIONS for 3 Report and Recommendations. Signed by Judge David Folsom on 8/24/2011. (sm, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION FRANCISCO CRUZ HERNANDEZ § VS. § WARDEN CARVJAL § CIVIL ACTION NO. 5:11cv139 MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Francisco Cruz Hernandez, an inmate confined at the Federal Correctional Institution at Texarkana, Texas, proceeding pro se, filed the above-styled 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 orders of this court. The Magistrate Judge has submitted a Report and Recommendation of United States Magistrate Judge concerning this case. The Magistrate Judge recommends that the petition for writ of habeas corpus be denied. The Court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the records, pleadings and all available evidence. Petitioner filed objections to the Report and Recommendation. The Court has conducted a de novo review of the objections in relation to the pleadings and the applicable law. After careful consideration, the Court is of the opinion petitioner’s objections are without merit. The grounds for review asserted by petitioner are not cognizable in a petition filed pursuant to 28 U.S.C. § 2241. Reyes-Requena v. United States, 243 F.3d 893 (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 accordance with the Magistrate Judge’s recommendation. SIGNED this 24th day of August, 2011. ____________________________________ DAVID FOLSOM UNITED STATES DISTRICT JUDGE

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