Opinion
CIVIL ACTION NO. 1:17cv497
06-03-2019
JERRY ELKINS v. WARDEN T.J. WATSON
MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Petitioner Jerry Elkins, an inmate formerly confined at the Federal Correctional Complex in Beaumont, 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 Keith F. 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 denied.
The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record and pleadings. Petitioner filed objections to the Magistrate Judge's Report and Recommendation. 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 concludes petitioner's objections should be overruled. Petitioner argues that the disciplinary offense of which he was convicted is considered to be a major issue and will reflect negatively on his prison record. However, as the magistrate judge found, under the circumstances of htis casea, due process concerns are not implicated and the punishment imposed did not effect the fact or duration of his confinement. Accordingly, petitioner's claims do not present grounds warranting relief pursuant to federal habeas corpus review.
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. A final judgment will be entered in this case in accordance with the Magistrate Judge's recommendations.
SIGNED this the 3 day of June, 2019.
/s/_________
Thad Heartfield
United States District Judge