United States District Court, S.D. Mississippi, Northern Division
ORDER OVERRULING PETITIONER'S OBJECTION ,
ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
, AND DENYING PETITION  FOR WRIT OF HABEAS
SULEYMAN OZERDEN UNITED STATES DISTRICT JUDGE.
THE COURT is Petitioner Alonzo L. Burrell's Notice of
Appeal  which the Court construes as an objection to
United States Magistrate Judge John C. Gargiulo's Report
and Recommendation , which recommends denial of
Petitioner's Petition  for Writ of Habeas Corpus.
After due consideration of the Report and Recommendation
, the submissions of the parties, and relevant legal
authority, the Court finds that Petitioner's Objection
 should be overruled, that the Magistrate Judge's
Report and Recommendation  should be adopted, and that
Petitioner's Petition  for Writ of Habeas Corpus
should be denied.
9, 2018, Petitioner Alonzo L. Burrell (“Burrell”
or “Petitioner”) filed a Petition  for Writ of
Habeas Corpus pursuant to 28 U.S.C. § 2241. Burrell
argues that the Federal Bureau of Prisons (“BOP”)
miscalculated the length of his federal sentence when it did
not give him a greater credit for the time he served on his
state sentences, which would make him immediately eligible
for release. Pet.  at 9. Respondent Warden E. Martin
(“Respondent”) asserts that the BOP correctly
designated Petitioner's federal sentence as running
consecutively to one of his state sentences, which makes him
eligible for release in November 2021. Mem.  at 4, 9. On
August 23, 2019, United States Magistrate Judge John C.
Gargiulo entered a Report and Recommendation ,
recommending that Petitioner's Petition  for Writ of
Habeas Corpus be denied based upon his finding that
Petitioner's sentence was correctly calculated. R. &
R. . Petitioner filed a Notice of Appeal challenging
Judge Gargiulo's recommendation with the United States
Court of Appeals for the Fifth Circuit. Notice of Appeal
. The Fifth Circuit dismissed the appeal for lack of
jurisdiction. Order . Because Petitioner is proceeding
pro se, this Court will broadly construe his attempt to
appeal the Report and Recommendation  as a general
objection to the Magistrate Judge's findings.
Petitioner has filed an Objection  to the Magistrate
Judge's Report and Recommendation , this Court is
required to “make a de novo determination of those
portions of the report or specified proposed findings or
recommendations to which objection is made.” 28 U.S.C.
§ 636(b)(1); see also Longmire v. Gust, 921
F.2d 620, 623 (5th Cir. 1991) (party filing written
objections is “entitled to a de novo review by
an Article III Judge as to those issues to which an objection
is made”). A court is not required to make new findings
of fact in order to conduct a de novo review. Warren v.
Miles, 230 F.3d 688, 694-95 (5th Cir. 2000). Nor is a
court required to reiterate the findings and conclusions of
the Magistrate Judge. Koetting v. Thompson, 995 F.2d
37, 40 (5th Cir. 1993).
Court will interpret Petitioner's attempt to appeal Judge
Gargiulo's Report and Recommendation  as a general
objection. Because Petitioner is only asserting a single
claim, that the BOP failed to give him proper credit for the
state sentences which he served, the Court understands his
Objection  to request reconsideration of Judge
Gargiulo's calculation of his sentence.
required by 28 U.S.C. § 636(b)(1), the Court has
conducted an independent de novo review of the record. After
this independent review of Petitioner's Petition  for
Writ of Habeas Corpus, Respondent's Response  and
Memorandum  in Opposition, and Petitioner's Traverse
, the Court finds that the BOP correctly calculated
Petitioner's release date as November 1, 2021. For the
foregoing reasons, Burrell's Objection will be overruled
and the Court will adopt Magistrate Judge John C.
Garguilo's Report and Recommendation  as the opinion
of this Court.
Court concludes that Petitioner's Objection  should
be overruled, that the Magistrate Judge's Report and
Recommendation  should be adopted as the finding of the
Court, and that Petitioner's Petition  for Writ of
Habeas Corpus should be denied.
IS, THEREFORE, ORDERED AND ADJUDGED that, the
Objection  filed by Petitioner Alonzo L. Burrell in this
case is OVERRULED.
IS, FURTHER, ORDERED AND ADJUDGED that the
Magistrate Judge's Report and Recommendation ,
entered in this case on August 23, 2019, is
ADOPTED as the finding of this Court.
Petitioner's Petitioner  for Writ of Habeas Corpus is
DENIED. The Court will enter a separate
Final Judgment in accordance with Federal Rule of Civil