Opinion
CIVIL ACTION NO. 1:19-CV-190
10-09-2020
OREE ROBERSON, Petitioner, v. WARDEN, FCC BEAUMONT, Respondent.
MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Petitioner, Oree Roberson, a federal prisoner confined at FCC 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 dismissing the petition without prejudice to petitioner's right to re-file as a § 2255 motion in the Northern District of Texas where petitioner was convicted and sentenced (docket entry no. 3).
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 on May 8, 2019 (docket entry no. 4). This requires a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b).
Although not entirely clear, Petitioner seems to argue his plea was involuntary and is thus challenging the underlying conviction and sentence. As outlined by the Magistrate Judge, § 2255 provides the primary means of collaterally attacking a federal conviction and sentence. Tolliver v. Dobre, 211 F.3d 876, 877 (5th Cir. 2000).
ORDER
Accordingly, the objections of the plaintiff 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 recommendations of the Magistrate Judge.
SIGNED at Beaumont, Texas, this 9th day of October, 2020.
/s/_________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE