Opinion
CIVIL ACTION NO. 1:06-CV-35.
December 13, 2006
MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Petitioner Donald Moody, Sr., a prisoner confined at the Neal Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
The court ordered that this matter be referred to the Honorable Earl S. Hines, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge. The magistrate judge recommends dismissing the petition.
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 a motion which the court liberally construes as objections to the magistrate judge's Report and Recommendation.
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. Petitioner may not file a subsequent habeas petition challenging his conviction without authorization from the United States Court of Appeals for the Fifth Circuit. Petitioner did not exhaust state court remedies with respect to his parole claims. This district is not the appropriate venue for petitioner's civil rights claims. Those claims will not be transferred to the appropriate district because they are unintelligible.
ORDER
Accordingly, petitioner's objections (document no. 16) 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.
So ORDERED and SIGNED.