Dixon v. Wilson

Filing 14

MEMORANDUM OPINION. Signed by District Judge James C. Cacheris on 1/13/15. (gwalk, ) Modified on 1/13/2015 to add copy mailed (gwalk, ).

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

Demond S. Dixon,
Petitioner,

l:14cv384(JCC/IDD)

v.

Eric Wilson,

Respondent.
MEMORANDUM OPINION

Demond S. Dixon, a federal inmate housed in the Eastern District of Virginia and
proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241,
challenging the computation of his sentence by the Federal Bureau of Prisons ("BOP").

Respondent has filed motions to dismiss the petition for lack ofjurisdiction and alternatively for
summary judgment, with supporting memoranda and exhibits. On July 21, 2014, Dixon was
advised of his right to file responsive materials, as required by Roseboro v. Garrison. 528 F.2d

309 (4th Cir. 1975) and Local Civil Rule 7(K), and he has filed no response to either of
respondent's motions. For the reasons which follow, respondent's Motion for Summary
Judgment will be granted, and summary judgment will be entered in respondent's favor.
Respondent's motion to dismiss will be denied as moot.
I. Background

The following material facts are uncontroverted. On September 27, 2007, Dixon was
aiTested in Lincoln County, North Carolina and subsequently was charged with robbery with a

dangerous weapon and kidnapping. Resp. Ex. A, Declaration of Shannon L. Rodriguez