Colon v. Warden, FCI Texarkana

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 16 Report and Recommendations. The Court hereby ADOPTS the Report andRecommendation of the United States Magistrate Judge as the findings and conclusions of this Court. Accordingly, it is ORDERED that the above-styled petition for writ of habeas corpus is DISMISSED. Signed by District Judge Robert W. Schroeder, III on 6/21/21. (hma)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
JESSE COLON,
Plaintiff,
v.
WARDEN, FCI TEXARKANA,
Defendant.

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CIVIL ACTION NO. 5:18-CV-00054-RWS

ORDER
Petitioner Jesse Colon, an inmate confined at the Federal Correctional Institution in
Texarkana, Texas, proceeding pro se, brought this petition for writ of habeas corpus pursuant to
28 U.S.C. § 2241. The Court referred this matter to the Honorable Caroline M. Craven, United
States Magistrate Judge, at Texarkana, Texas, for consideration pursuant to applicable laws and
orders of this Court. The Magistrate Judge recommends dismissing the above-styled petition.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available
evidence. Docket No. 16. Petitioner acknowledged receipt of the Report on May 25, 2021. Docket
No. 17. No objections to the Report have been filed. Thus, any aggrieved party is barred from de
novo review by the district court of the proposed findings and recommendations of the Magistrate
Judge.
Nonetheless, the Court has reviewed the pleadings in this case and the Report of the
Magistrate Judge. Upon such review, the Court agrees with the Report of the Magistrate Judge.
See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918 (1989)

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(where no objections to a Magistrate Judge’s Report are filed, the standard of review is “clearly
erroneous, abuse of discretion and contrary to law.”). The Court hereby ADOPTS the Report and
Recommendation of the United States Magistrate Judge as the findings and conclusions of this
Court. Accordingly, it is
ORDERED that the above-styled petition for writ of habeas corpus is DISMISSED.
So ORDERED and SIGNED this 21st day of June, 2021.

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ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE