Prepetit v. UNITED STATES OF AMERICA
Filing
7
MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING REPORT AND RECOMMENDATIONS for 4 Report and Recommendations. Signed by Judge David Folsom on 11/30/11. (mrm, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
RALPH JOHN PREPETIT
§
VS.
§
UNITED STATES OF AMERICA
§
CIVIL ACTION NO. 5:11cv193
MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Ralph John Prepetit, 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 previously referred this matter to the Honorable Caroline M. Craven, United
States Magistrate Judge, 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 Magistrate Judge correctly concluded that the grounds for
review asserted by petitioner do not provide him with a basis for relief 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 30th day of November, 2011.
____________________________________
DAVID FOLSOM
UNITED STATES DISTRICT JUDGE
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