Opinion
CIVIL ACTION NO. 5:13cv117
08-04-2014
CHARLES HENDRICKS v. SCOTT YOUNG
MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Petitioner Charles Hendricks, an inmate confined at the Federal Correctional Institution in Texarkana, 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 Caroline M. Craven, United States Magistrate Judge, at Texarkana, Texas, for consideration pursuant to applicable laws and orders of this Court. The Magistrate Judge recommends the petition be denied.
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. 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. The Fifth Circuit has made clear that "absent extraordinary circumstances, administrative segregation as such, being an incident to the ordinary life as a prisoner, will never be a ground for a constitutional claim." Hernandez v. Velasquez, 522 F.3d 556, 562 (5th Cir. 2008) (quoting Pichardo v. Kinker, 73 F.3d 612, 612-13 (5th Cir. 1996); Dixon v. Hastings, 117 F. App'x 371 (5th Cir. 2005) (finding federal prisoner's confinement in administrative segregation was not atypical punishment requiring due process protections).
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.
It is SO ORDERED.
SIGNED this 4th day of August, 2014.
/s/_________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE