Opinion
CIVIL ACTION NO. 1:20-CV-463
05-18-2021
RUBEN PERALTA, JR. v. WARDEN, FCI BEAUMONT
MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Petitioner Ruben Peralta, Jr., 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 Keith F. Giblin, 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 an "Addendum to Petition for Writ of Habeas Corpus," which the Court liberally construes as 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 challenging the Bureau of Prisons' calculation of his federal sentence. Therefore, the magistrate judge correctly concluded that the petition should be dismissed without prejudice.
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 recommendation.
SIGNED this the 18 day of May, 2021.
/s/_________
Thad Heartfield
United States District Judge