Shields v. Warden FCI Beaumont

District Court, E.D. Texas

Shields v. Warden FCI Beaumont

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS SONNY SHIELDS, § § Petitioner, § § versus § CIVIL ACTION NO. 1:19-CV-337 § WARDEN, FCI BEAUMONT, § § Respondent. § MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Petitioner Sonny Shields, an inmate confined at the Federal Correctional Complex in Beaumont, Texas, proceeding pro se, brought 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 Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge recommends that the above-styled petition should be dismissed. 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 objections to the magistrate judge’s Report and Recommendation. 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). After careful consideration, the court concludes petitioner’s objections should be overruled. Petitioner’s petition and supplement do not meet the criteria required to support a claim under the savings clause of

28 U.S.C. § 2255

. See Padilla v. United States,

416 F.3d 424

(5th Cir. 2005); Reyes-Requena v. United States,

243 F.3d. 893

(Sth Cir. 2001). Accordingly, the petition should be dismissed. 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 date Oct 27, 2020

MARCIA A. CRONE UNITED STATES DISTRICT JUDGE

Reference

Status
Unknown