Opinion
CIVIL ACTION NO. 1:15cv39
04-02-2015
JAMES D. LOGAN v. WARDEN FCC BEAUMONT
ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Petitioner James D. Logan, an inmate confined at the Federal Prison Camp at Beaumont, Texas, proceeding pro se, filed the above-styled 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 orders of this court. The Magistrate Judge has submitted a Report and Recommendation of United States Magistrate Judge concerning this case. The Magistrate Judge recommends the petition for writ of habeas corpus be dismissed.
The Court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record and pleadings. Petitioner filed objections to the Report and Recommendation.
The Court has conducted a de novo review of the objections in relation to the pleadings and the applicable law. After careful consideration, the Court is of the opinion petitioner's objections are without merit. Governing circuit law does not permit a federal prisoner to challenge his sentence, as opposed to his conviction, in a proceeding brought pursuant to Section 2241. Preston v. Ask-Carlson, 583 F. App'x 462, 463 (5th Cir. 2014); Padilla v. United States, 416 F.3d 424, 427 (5th Cir. 2005).
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 accordance with the recommendation of the Magistrate Judge.
So ORDERED and SIGNED this 2 day of April, 2015.
/s/_________
Ron Clark, United States District Judge