Jackson v. United States Parole Comm.

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS, ordering that the petition be denied and dismissed and entering judgment in favor of respondent; noting appeal procedures and declining to issue a certificate of appealability. Signed by District Judge Jerome B. Friedman and filed on 1/16/09. Copy mailed: 1/16/09(jcow, )

FILED
UNITED STATES DISTRICT COURT

FOR

THE

EASTERN DISTRICT

OF VIRG!

Norfolk Division

JAN

16 TM

CLERK U.S. DISTRICT COURT

DARNELL K.

JACKSON,

#03000-016,

NOKrOLK. VA

Petitioner,
v. UNITED STATES PAROLE COMMISSION, Case No. 2:07cv503

and
WARDEN, FCI PETERSBURG MEDIUM

Respondents.
FINAL ORDER

This

matter

was

initiated

by

petition

for

a

writ

of

habeas

corpus under 28 U.S.C. federal

§

2241. to

The petition alleges violation of 2006 parole

rights pertaining

Petitioner's October 23,

revocation hearing and subsequent revocation of Petitioner's parole on November The
pursuant

7,

2 006. was referred to a United
U.S.C.

matter
to the

States
§

Magistrate
and

Judge
(C),

provisions

of

28

636(b)(1)(B)

Rule the

72(b) Rules

of of

the the

Federal United

Rules of States

Civil

Procedure Court

and Rule the

72

of

District

for

Eastern

District of Virginia for report and recommendation. the Magistrate Judge ("Magistrate Judge's Report")

The report of was filed on

December 18,

2008,

recommending dismissal of the petition.

By copy

of

the report, to

each party was advised of his right the findings and recommendations

to file written made by the

objections

magistrate

judge.

The Court

received no response

from Petitioner

or Respondents.

The

Court,

having

reviewed the

record does

hereby ADOPT AND

APPROVE the findings and recommendations set forth in the report of the United States Magistrate Judge filed on December 18, 2008, and

it is,

therefore,

ORDERED that the petition be DENIED AND DISMISSED

and that

judgment be entered in favor of Respondent. from the judgment entered pursuant to

Petitioner may appeal

this

final

order

by

filing

a

written

notice

of

appeal

with

the

Clerk of this Court,
Norfolk, entry of Virginia

United States Courthouse,
within sixty (60)

600 Granby Street,
from the date of "a

23510,

days

such judgment.

Petitioner

has

failed to demonstrate

substantial

showing

of

the

denial

of

a

constitutional

right."

Therefore,
of

the Court,

pursuant to Rule 22(b)
declines v. to

of the Federal Rules
a certificate U.S. 322, of

Appellate

Procedure, See

issue 537

appealability.
(2003) .

Miller-El

Cockrell.

335-36

The Clerk shall mail a copy of this Final Order to Petitioner
and to counsel of record for Respondent.

Jerome B. Friedms
UNITED STATES

United States District Judge
DISTRICT JUDGE

Norfolk,

Virginia

January/£

, 2 009