Opinion
No. 2:03-CV-0355.
July 20, 2004
ORDER OVERRULING OBJECTIONS, ADOPTING REPORT AND RECOMMENDATION, and DENYING PETITION FOR A WRIT OF HABEAS CORPUS
Petitioner ANGELO DEWELL BRANCH, a state prisoner, has filed a federal habeas corpus application seeking a deduction of time from his sentence for "work time," and/or an order from the Court directing respondent to cease forcing petitioner to work under threats of punishment alleging such forced work is a violation of the Eighth and Thirteenth Amendments to the United States Constitution. On July 2, 2004, the United States Magistrate Judge issued a Report and Recommendation in this cause, recommending therein that the instant habeas application be denied. On July 19, 2004, petitioner filed objections to the Report and Recommendation asserting, inter alia, that state statute, viz., the Texas Government Code, which mandates that respondent require each inmate to work, is violative of the Thirteenth Amendment to the United States Constitution because said mandatory labor requirements are not part of the defined punishment in the Texas Penal Code and Texas Code of Criminal Procedure.
The undersigned United States District Judge has made an independent examination of the record in this case. Petitioner's objections are without merit and are hereby OVERRULED. The Magistrate Judge's Report and Recommendation is hereby ADOPTED. Accordingly, the petition for a writ of habeas corpus filed by petitioner is hereby DENIED. Let judgment be entered accordingly.
IT IS SO ORDERED.