Shepard v. FCI Texarkana

Filing 9

ORDER OVERRULING OBJECTIONS AND ADOPTING REPORT AND RECOMMENDATIONS for 6 Report and Recommendations. Signed by Judge Michael H. Schneider on 12/16/2014. (sm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
ERROLL FLYNN SHEPARD

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VS.

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WARDEN, FCI TEXARKANA

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CIVIL ACTION NO. 5:14-CV-50

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner, Erroll Flynn Shepard, a federal prisoner confined at FCI Texarkana,
proceeding pro se, 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 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 Report and Recommendation of United States Magistrate Judge. This
requires a de novo review of the objections in relation to the pleadings and applicable law. See
FED. R. CIV. P. 72(b).
After careful consideration, the Court finds petitioner’s objections lacking in merit.
Petitioner does not meet the test set forth in Reyes-Requena v. United States, 243 F.3d 893 (5th
Cir. 2001). Petitioner is not alleging that his federal conviction was based on conduct which is
not criminal. Instead, he asserts his conduct was insufficient to support his punishment being
increased for being a career offender.

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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 this case in accordance with the magistrate
judge’s recommendations.
It is SO ORDERED.
SIGNED this 16th day of December, 2014.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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