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Bishop v. U.S.

United States District Court, E.D. Texas, Beaumont Division
May 23, 2006
Civil Action No. 1:06-CV-58 (E.D. Tex. May. 23, 2006)

Opinion

Civil Action No. 1:06-CV-58.

May 23, 2006


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


Movant Joel Dean Bishop, a federal prisoner, proceeding pro se, filed this motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255.

The Court ordered that this matter be referred to the Honorable Earl S. Hines, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge. The magistrate judge recommends denying the motion.

The Court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record, pleadings, and all available evidence. Movant filed objections to the magistrate judge's Report and Recommendation.

The Court has conducted 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 concludes the objections are without merit. The magistrate judge correctly concluded that movant's ineffective assistance of counsel claims were not cognizable on collateral review because they were raised and decided on direct appeal. See United States v. Kalish, 780 F.2d 506, 508 (5th Cir. 1986), cert. denied, 476 U.S. 1118 (1986). In addition, movant is not entitled to relief on the merits of those claims. Movant contends that his attorney failed to locate witnesses who would have testified that he was innocent of the offense. In light of the evidence produced at trial, particularly movant's judicial confession from the state court proceedings, there is not a reasonable probability that the outcome of the trial would have been different if the witnesses had testified.

ORDER

Accordingly, movant'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 recommendation.

So ORDER.


Summaries of

Bishop v. U.S.

United States District Court, E.D. Texas, Beaumont Division
May 23, 2006
Civil Action No. 1:06-CV-58 (E.D. Tex. May. 23, 2006)
Case details for

Bishop v. U.S.

Case Details

Full title:JOEL DEAN BISHOP v. UNITED STATES OF AMERICA

Court:United States District Court, E.D. Texas, Beaumont Division

Date published: May 23, 2006

Citations

Civil Action No. 1:06-CV-58 (E.D. Tex. May. 23, 2006)

Citing Cases

United States v. Bishop

Bishop subsequently filed a motion to vacate sentence pursuant to 28 U.S.C. § 2255 in 2006, which was denied.…