Grant v. Young

Filing 7

ORDER OVERRULING objections of petitioner and ADOPTING REPORT AND RECOMMENDATIONS 4 . Signed by Judge Michael H. Schneider on 11/17/13. (bas, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION KEVIN GRANT § VS. § SCOTT YOUNG, WARDEN § CIVIL ACTION NO. 5:13-CV-100 MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Petitioner, Kevin Grant, a federal prisoner confined at FCI Texarkana, proceeding pro se, and in forma pauperis, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The Court referred this matter to the Honorable Caroline Craven, United States Magistrate Judge, at Texarkana, Texas, for consideration pursuant to applicable laws and orders of this Court. The Magistrate Judge recommends the petition for writ of habeas corpus be denied. The Court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record, and pleadings. Petitioner filed objections to the Magistrate Judge’s Report and Recommendation. This requires a de novo review of the objections in relation to the pleadings and applicable law. See FED . R. CIV . P. 72(b). Petitioner challenges a disciplinary conviction. In his objections, he again argues that prison officials failed to comply with prison regulations during the investigation and disciplinary proceedings. Even if petitioner is correct, this allegation would not entitle him to relief. As stated by the Magistrate Judge, failure to follow prison regulations, standing alone, does not constitute a violation of a petitioner’s due process rights. Murphy v. Collins, 26 F.3d 541, 543 (5th Cir. 1994). “A prison official’s failure to follow the prison’s own policies, procedures or regulations does not constitute a violation of due process, if constitutional minima are nevertheless met.” Myers v. Klevenhagen, 97 F.3d 91, 94 (5th Cir. 1996) (citations omitted). In Wolff ,the Supreme Court established the process due an inmate charged with violating prison rules. Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974). As petitioner has not established he was denied any of the procedural protections established in Wolff, he is not entitled to relief. The objections are, therefore, without merit. . ORDER Accordingly, the objections of 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. A final judgment will be entered in this case in accordance with the Magistrate Judge’s recommendations. It is SO ORDERED. SIGNED this 17th day of November, 2013. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?