Opinion
Civil Action 1:21cv51
09-15-2021
MARSIAL R. GARCIA v. WARDEN, FCC BEAUMONT LOW
MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Thad Heartfield United States District Judge
Petitioner Marsial R. Garcia, 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 granting the respondent's motion for summary judgment and dismissing the petition.
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).
After careful consideration, the court concludes petitioner's objections should be overruled. As set forth in the Report, petitioner failed to exhaust available administrative remedies prior to filing this petition. Accordingly, the petition should be dismissed.
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. It is
ORDERED that the respondent's motion for summary judgment is GRANTED. A final judgment will be entered in this case in accordance with the Magistrate Judge's recommendations.