Flores v. Outlaw

Full title: ALEJANDRO FLORES, Petitioner, v. T.C. OUTLAW, Respondent

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

Date published: Feb 23, 2007

CIVIL ACTION NO. 1:07-CV-50 (E.D. Tex. Feb. 23, 2007)

Opinion

CIVIL ACTION NO. 1:07-CV-50.

February 23, 2007

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

MARCIA CRONE, District Judge

Petitioner Alejandro Flores, a prisoner confined at the United States Penitentiary in Beaumont, Texas, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.

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 dismissing the petition.

The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record, pleadings, and all available evidence. Petitioner 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. Petitioner may not pursue habeas relief under Section 2241 because his claims do not meet the requirements set forth in Reyes-Requena v. United States, 243 F.3d 893, 1904 (5th Cir. 2001).

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 recommendation.