Alberto
v.
Rader

This case is not covered by Casetext's citator
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISIONDec 6, 2018
CIVIL ACTION NO. 1:18-CV-75 (E.D. Tex. Dec. 6, 2018)

CIVIL ACTION NO. 1:18-CV-75

12-06-2018

CARLOS E. AYALA ALBERTO v. BOBBY RADER


MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

Petitioner Carlos E. Ayala Alberto, a pre-trial detainee confined at the Liberty County Jail, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.

The court ordered that this matter be referred to the Honorable Keith F. Giblin, United States Magistrate Judge, for consideration pursuant to applicable laws and orders of this court. The magistrate judge recommends allowing petitioner to proceed with his excessive bail claim and dismissing the remaining claims for lack of jurisdiction.

The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record and the pleadings. The petitioner filed objections to the magistrate judge's Report and Recommendation. In addition, the petitioner filed an amended petition in which he alleges he has been denied his right to a speedy trial.

The court has 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 of all the pleadings and the relevant case law, the court concludes that the petitioner's objections lack merit. The petitioner should be allowed to proceed with his claims that his bail is excessive and he is being denied a speedy trial. All other claims should be dismissed.

ORDER

Accordingly, the petitioner's objections (document no. 5) are OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge (document no. 3) is ADOPTED. The court will consider the petitioner's claims of excessive bail and denial of a speedy trial, and all other claims are DISMISSED.

SIGNED this the 6 day of December, 2018.

/s/_________


Thad Heartfield


United States District Judge