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Morrow v. United States

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION
Nov 26, 2012
CIVIL ACTION NO. 1:12-CV-515 (E.D. Tex. Nov. 26, 2012)

Opinion

CIVIL ACTION NO. 1:12-CV-515

11-26-2012

DARIO MORROW v. UNITED STATES OF AMERICA


MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING

THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

Petitioner Dario Morrow, a prisoner confined at the Federal Correctional Institution in Beaumont, Texas, filed this petition for writ of habeas corpus.

The court ordered that this matter be referred 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 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 and the pleadings. 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 challenge his conviction or sentence under Section 2241, because his claims do not meet the requirements set forth in Reyes-Requena v. United States, 243 F.3d 893, 904 (5th Cir. 2001). Further, the All Writs Act and common law avenues of relief are not available to petitioner. See Polley v. Jeter, 202 Fed.Appx. 806, 806 (5th Cir. Oct. 24, 2006).

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.

________________________

Thad Heartfield

United States District Judge


Summaries of

Morrow v. United States

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION
Nov 26, 2012
CIVIL ACTION NO. 1:12-CV-515 (E.D. Tex. Nov. 26, 2012)
Case details for

Morrow v. United States

Case Details

Full title:DARIO MORROW v. UNITED STATES OF AMERICA

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION

Date published: Nov 26, 2012

Citations

CIVIL ACTION NO. 1:12-CV-515 (E.D. Tex. Nov. 26, 2012)