Opinion
CIVIL ACTION NO. 1:14-CV-113
07-08-2014
WILLIAM MICHAEL RHODES v. WARDEN, FCI BEAUMONT MEDIUM
MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Petitioner, William Michael Rhodes, a federal prisoner currently confined at FCI Beaumont, 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 Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this Court. The Magistrate Judge recommends this action be denied.
The Court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record, and pleadings. 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 applicable law. See FED. R. CIV. P. 72(b).
After careful consideration, the Court finds the objections lacking in merit. Petitioner has not demonstrated he was convicted of a nonexistent offense or that his grounds for review were foreclosed by circuit law when they could have been raised and, therefore, has failed to satisfy either prong of the Reyes-Requena test. Reyes-Requena v. United States, 243 F.3d 893 (5th Cir. 2001). The Court also finds petitioner's argument that the Reyes-Requena criteria violate the Suspension Clause, notwithstanding Circuit law to the contrary, to be unavailing.
ORDER
Accordingly, the objections of 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 this case in accordance with the Magistrate Judge's recommendations.
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Thad Heartfield
United States District Judge