Hollins v. Owens

Filing 17

ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant. The Respondent's motion to dismiss (Dkt. No.9) is granted and this action is dismissed with prejudice. Signed by Honorable Richard M Gergel on 12/12/2011.(cwhi, )

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

BEAUFORT DIVISION

Jermelle Rodrique Hollins,
Petitioner,
vs,
John Owens, Warden

2011 DEC I 2 A q: 25

)
)
)

Civil Action No.9: 11-569-RMG

)
)
)

ORDER

)
)

Respondent.

)
)

This petition for a writ of habeas corpus was brought by Petitioner pro se pursuant to 28
U.S.c. § 2241. Petitioner asserts that the Bureau of Prisons has erred in failing to give him credit
for time served in state prison on an unrelated drug offense. Respondent moved to dismiss the
petition. (Dkt. No.9). The matter was referred to the Magistrate Judge pursuant to 28 U.S.c. §
636(b) and Local Rule 73.02(B)(2)(c). The Magistrate Judge recommended on October 31, 2011
that the petition be dismissed with prejudice because controlling statutory and case law
established that Petitioner was not entitled to federal sentencing credit for his service of an
unrelated state sentence. (Dkt. No. 13). The Magistrate Judge found that Petitioner was in the
state's continuous primary custody until his release by the state on September 24,2009. Id at 6.
Petitioner was advised that he had fourteen days from the issuance of the Magistrate
Judge's Report and Recommendation to file any written objections and a failure to file any
written objection would reSUlt in the waiver of the right to appeal from a judgment of the District
Court. Id at 11. Petitioner has failed to file any written objection to the Report and
-1­

Recommendation of the Magistrate Judge.
The Court, having reviewed the Report and Recommendation of the Magistrate Judge, the
record before the Court and the applicable legal authorities, hereby adopts the Report and
Recommendation of the Magistrate Judge. Therefore, the Court grants the Respondent's motion
to dismiss (Dkt. No.9) and dismisses this action with prejudice.
AND IT IS SO ORDERED.

Richard Mark G g
United States Distn t Judge

Charleston, South Carolina
December 12, 2011

-2­