Opinion
CIVIL ACTION NO. 1:09cv254
03-12-2012
ERIC WATKINS v. MICHAEL W. GARRETT
MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Petitioner Eric Watkins, formerly 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 the petition be dismissed.
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. Petitioner filed objections to the magistrate judge's Report and Recommendation.
The court 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 petitioner's objections should be overruled. Further, for the reasons set forth in the respondent's response to the petition, petitioner's claims are without merit. Petitioner was afforded the process due under the Constitution. See Wolff v. McDonnell, 418 U.S. 539, 563-570 (1974). Additionally, the decision of the Disciplinary Hearing Officer was supported by sufficient evidence. See Superintendent v. Hill, 472 U.S. 445, 455-56 (1985). 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 recommendations.
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Thad Heartfield
United States District Judge