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Felts v. Vasquez

United States District Court, Fifth Circuit

January 9, 2014

KEVIN FELTS, Petitioner,
v.
JOSE VASQUEZ, WARDEN, et al., Respondents.

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

MARCIA A. CRONE, District Judge.

Petitioner, Kevin Felts, an inmate confined at the Federal Correctional Complex in Beaumont, Texas, 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 Keith Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge recommends the petition be dismissed.

The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record, and pleadings. Petitioner filed objections to the Magistrate Judge's Report and Recommendation.[1] This requires a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b).

After careful consideration, the court finds petitioner's objections are without merit. Petitioner has failed to satisfy either prong of the Reyes-Requena test and his grounds for review are not cognizable in a petition filed pursuant to 28 U.S.C. § 2241. Reyes-Requena v. United States , 243 F.3d 893 (5th Cir. 2001).

ORDER

Accordingly, the objections of 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. A final judgment will be entered in this ...


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