Opinion
Civil Action 1:20-CV-548
09-13-2021
CONRADO GAUNA v. WARDEN, FCI BEAUMONT
MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
THAD HEARTFIELD UNITED STATES DISTRICT JUDGE
Petitioner Conrado Gauna, a prisoner confined at the Federal Correctional Institution in Beaumont, Texas, proceeding pro se, filed 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 Texarkana, Texas, for consideration pursuant to applicable laws and orders of this Court. The magistrate judge recommends dismissing the petition without prejudice.
The Court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record, pleadings and all available evidence. The petitioner filed objections to the Report and Recommendation of United States Magistrate Judge.
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. The petitioner did not exhaust available remedies concerning his eligibility for Earned Time Credits. Therefore, the magistrate judge correctly concluded that the petition should be dismissed without prejudice.
ORDER
Accordingly, petitioner's objections (document no. 5) are OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge (document no. 4) is ADOPTED. A final judgment will be entered in this case in accordance with the magistrate judge's recommendation.