Opinion
Civil Action 1:20cv3
07-07-2021
OSCAR ORLANDO BARRERA PINEDA v. WARDEN, FCI BEAUMONT LOW
ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
THAD HEARTFIELD, UNITED STATES DISTRICT JUDGE
Petitioner Oscar Orlando Barrera Pineda, 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 Keith F. Giblin, 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 records, pleadings and all available evidence. 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. Petitioner is not entitled to relief because he has failed to demonstrate that, based on a retroactively applicable Supreme Court decision, he was convicted of a nonexistent offense. Reyes-Requena v. United States, 243 F.3d 893, 894 (5th Cir. 2001).
ORDER
Accordingly, the objections filed by petitioner 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.