Arreola-Amaya v. Federal Bureau of Prisons, et al

Filing 9

ORDER OVERRULING OBJECTIONS AND ADOPTING 3 REPORT AND RECOMMENDATIONS. Signed by Judge Ron Clark on 1/5/15. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
JOSE SALOMON ARREOLA-AMAYA

§

VS.

§

FEDERAL BUREAU OF PRISONS

§

CIVIL ACTION NO. 9:13cv213

ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Jose Salomon Arreola-Amaya, 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 Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, 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
denied.
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. The Bureau of Prisons properly determined
petitioner was not entitled to credit towards his federal sentence for time spent in state custody. In
addition, the Bureau did not abuse its discretion in concluding petitioner’s state institution should
not be designated as the place where his federal sentence was being served.
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 as the opinion of the court. A final judgment shall be entered in accordance with the

recommendation of the Magistrate Judge.

So ORDERED and SIGNED this 5 day of January, 2015.

___________________________________
Ron Clark, United States District Judge