Turner v. Wilson

Filing 17

FINAL ORDER. It is ORDERED that 9 Motion to Dismiss for Lack of Jurisdiction be GRANTED., and the 1 Petition for Writ of Habeas Corpus be DENIED and DISMISSED without prejudice. Signed by Chief District Judge Rebecca Beach Smith on 10/27/2015. Copies mailed 10/28/2015. (jmey, )

UNITED

FOR THE

STATES

DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA

Norfolk Division

HARVEY TURNER,

#17391-424,
Petitioner,

v.

ACTION NO.

ERIC D.

WILSON,

2:14CV597

Warden,

Respondent.
FINAL ORDER

This matter was initiated by petition for a writ of

corpus under 28 U.S.C. § 2241.

habeas

Petitioner challenges the validity

of his conviction and calculation of his sentence imposed in the
United States District Court for the Northern District of Illinois

in August 2005.

The matter was referred to a United States Magistrate Judge
pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and (C) and
Rule 72 of the Rules of the United States District Court for the

Eastern District of Virginia for report and recommendation.
of

the

Magistrate

Judge

was

filed

recommending dismissal of the petition.

on

September

Report

21,

2015,

By copy of the report,

each party was advised of his right to file written objections to
the findings and recommendations made by the Magistrate Judge.

The

court has received no objections to the Magistrate Judge's Report
and Recommendation and the time for filing objections has now
expired.

Accordingly,
recommendations

the court does hereby accept the findings and
set

forth

in

the

report

of

Magistrate Judge filed September 21, 2015,

the

United

and it is,

ORDERED that respondent's Motion to Dismiss be GRANTED,

States

therefore
and that

the petition be DENIED and DISMISSED without prejudice.
Petitioner may appeal from the judgment entered pursuant to

this Final Order by filing a written notice of
Clerk of this court, United States Courthouse,
Norfolk,

appeal with the

600 Granby Street,

Virginia 23510, within sixty (60) days from the date of

entry of such judgment.
The Clerk shall mail a copy of this Final Order to petitioner

and provide an electronic copy of

the Final order to counsel of

record for respondent.

/s/
REBECCA BEACH

-m-

SMITH

CHIEF UNITED STATES DISTRICT JUDGE

0>. ^

. 2015