Baker v. Martin

Full title: CALVIN BAKER v. M. MARTIN

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

Date published: Dec 22, 2011

CIVIL ACTION NO. 1:11cv507 (E.D. Tex. Dec. 22, 2011)

Opinion

CIVIL ACTION NO. 1:11cv507

12-22-2011

CALVIN BAKER v. M. MARTIN

Ron Clark

MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND

ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

Petitioner Calvin Baker, an inmate 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 Zack Hawthorn, 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 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).

Petitioner objects to the report and asserts that the use of case law to bar his petition is constitutional error. After careful consideration, the court concludes petitioner's objections should be overruled.

In Bond v. United States, _ U.S. _, 131 S.Ct. 2355 (2011), the Supreme Court held that a person convicted of a federal offense had standing to assert that, in enacting the applicable criminal statute, Congress exceeded its power under the Tenth Amendment. However, Bond did not establish that petitioner was convicted based upon conduct that did not constitute a crime. Thus, petitioner's petition does not meet the criteria required to support a claim under the savings clause of 28 U.S.C. § 2255. See Padilla v. United States, 416 F.3d 424 (5th Cir. 2005); Reyes-Requena v. United States, 243 F.3d. 893 (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 recommendations.

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Ron Clark, United States District Judge