Garza v. UNITED STATES OF AMERICA
Filing
7
MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING REPORT AND RECOMMENDATIONS for 4 Report and Recommendations. Signed by Judge Michael H. Schneider on 6/17/14. (bas, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
RUMALDO GARZA
§
VS.
§
UNITED STATES OF AMERICA
§
CIVIL ACTION NO. 5:13cv129
MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Rumaldo Garza, an inmate confined within the Bureau of Prisons, 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 Magistrate Judge has submitted a Report and Recommendation of United States
Magistrate Judge concerning this matter. The Magistrate Judge recommends that the petition be
dismissed.
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 challenges the punishment
he received as a result of his conviction, rather than the conviction itself. As a result, the
Magistrate Judge correctly concluded that the ground for review asserted by petitioner is not
cognizable in a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241.
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. A final judgment shall be entered dismissing
this petition.
It is SO ORDERED.
SIGNED this 17th day of June, 2014.
____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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