Guzman v. Chandler
Filing
12
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS adopting 10 Findings and Recommendations... Jesse Guzmans petition for writ of habeas corpus under 28 U.S.C. § 2241 is DISMISSED without prejudice for lack of jurisdiction. See Order for further specifics. (Ordered by Judge Terry R Means on 8/28/2013) (krg)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
JESSE GUZMAN,
Petitioner,
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VS.
RODNEY W. CHANDLER, Warden,
FMC-Carswell,
Respondent.
CIVIL ACTION NO.4:13-CV-303-Y
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS
Before the Court is the petition for writ of habeas corpus
under 28 U.S.C. § 2241 of petitioner Jesse Guzman, along with the
August 5, 2012 findings, conclusions, and recommendation of the
United States magistrate judge. The magistrate judge gave the
parties until August 26 to file written objections to the findings,
conclusions, and recommendation.
Guzman has filed a document he
entitled a “Reply” to the magistrate judge’s report, but in that
document
he
recites
that
he
“submits
no
objections
to
said
magistrate’s order.” (August 20, 2013 Reply.)
The Court has reviewed the pleadings and the record in this
case, and has reviewed for clear error the proposed findings,
conclusions
and
recommendation.
The
Court
concludes
that
the
magistrate judge is correct: because Guzman’s first claim--that the
amount he owes in restitution should be reduced by the amount
recovered by the victim bank--has already been resolved by the
United States Court of Appeals for the Fifth Circuit and is thus
moot;
and
because
Guzman’s
second
claim--that
the
sentencing
court’s order regarding restitution should be modified--must be
pursued in the sentencing court, the petition for writ of habeas
corpus should be dismissed without prejudice for lack of jurisdic-
tion.
Therefore, the findings, conclusions and recommendation of
the magistrate judge are ADOPTED.
Jesse Guzman’s petition for writ of habeas corpus under 28
U.S.C. § 2241 is DISMISSED without prejudice for lack of jurisdiction.
SIGNED August 28, 2013.
____________________________
TERRY R. MEANS
UNITED STATES DISTRICT JUDGE
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