Case Information
*1 Case 1:24-cv-00267-MAC-CLS Document 23 Filed 05/30/25 Page 1 of 2 PageID #:
339 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS ROBERT E. MILLER, §
§
Petitioner, §
§ versus § CIVIL ACTION NO. 1:24-CV-267
§
WARDEN, USP BEAUMONT, §
§
Respondent. § MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Robert E. Miller, 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 Christine L. Stetson, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge recommends denying and dismissing the above-styled petition.
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 F ED . R. C IV . P. 72(b).
After careful consideration, the court concludes petitioner’s objections are without merit. Petitioner disagrees with the report, but his arguments are contradicted by the record in the underlying criminal case. See United States v. Miller , No. 1:97cr496 (N.D. Ga. Oct. 8, 1998). As detailed in the Report, petitioner has challenged his conviction and sentence multiple times over *2 Case 1:24-cv-00267-MAC-CLS Document 23 Filed 05/30/25 Page 2 of 2 PageID #:
340 the years using various avenues for relief. Petitioner has not shown “unusual circumstances make it impossible or impracticable to seek relief in the sentencing court.” See Jones v. Hendrix , 599 U.S. 465, 478 (2023). Therefore, the petition should be denied and 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 at Beaumont, Texas, this 30th day of May, 2025. 2
