Green v. Young

Filing 12

ORDER OVERRULING OBJECTIONS AND ADOPTING REPORT AND RECOMMENDATIONS 9 and GRANTING 6 Motion to Dismiss filed by Scott Young. Signed by Judge Michael H. Schneider on 1/21/14. (bas, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
LARRY GREEN

§

VS.

§

SCOTT YOUNG

§

CIVIL ACTION NO. 5:13cv39

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Larry Green, 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 28 U.S.C. § 636 and applicable
orders of this court.
The respondent has filed a motion asking that the petition be dismissed for failure to
exhaust administrative remedies. The Magistrate Judge has submitted a Report and
Recommendation of United States Magistrate Judge recommending the motion be granted.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and pleadings. Petitioner filed objections to the Report
and Recommendation.
The Court has conducted a de novo review of the objections. After careful consideration,
the Court is of the opinion the objections are without merit. Petitioner is challenging a prison
disciplinary conviction. As explained in the Report and Recommendation, petitioner was
originally convicted of possessing narcotics, marijuana or drugs not prescribed for him by
medical staff. He exhausted his administrative remedies with respect to this conviction.
However, after this petition was filed, the conviction was changed to misusing authorized
medication and petitioner’s punishment was decreased. As the nature of petitioner’s disciplinary
conviction has changed, and as petitioner contends that the revised disciplinary conviction is
invalid, the Court agrees with the Magistrate Judge’s conclusion that petitioner must exhaust his

administrative remedies with respect to the revised conviction before seeking habeas relief in this
Court. Petitioner is free to file a new petition after exhausting administrative remedies with
respect to the revised conviction.
.
ORDER
Accordingly, the objections filed by the petitioner 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 as the opinion of the Court. The respondent’s motion to dismiss is
GRANTED. A final judgment shall be entered dismissing this petition.
It is SO ORDERED.
SIGNED this 21st day of January, 2014.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE