Burman v. Martin

Full title: ALLAH A. BURMAN, Petitioner, v. M. MARTIN, Respondent.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS

Date published: Feb 14, 2013

CIVIL ACTION NO. 1:12-CV-211 (E.D. Tex. Feb. 14, 2013)

Opinion

CIVIL ACTION NO. 1:12-CV-211

02-14-2013

ALLAH A. BURMAN, Petitioner, v. M. MARTIN, Respondent.

MARCIA A. CRONE

MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND

ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

Petitioner Allah A. Burman, 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 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 that the above-styled petition should be dismissed.

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. 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 are without merit. This petition is another abusive habeas filing by Petitioner. See Burman v. Scibana, 227 F. App'x 772 (10th Cir. 2008) (discussing Petitioner's abusive writ history while confined within the Western District of Oklahoma). 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). Accordingly, the petition should be dismissed.

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.

SIGNED at Sherman, Texas, this 14th day of February, 2013.

_________________

MARCIA A. CRONE

UNITED STATES DISTRICT JUDGE