Dunning v. Wilson

Filing 11

FINAL ORDER. It is ORDERED that 5 Motion to Dismiss be GRANTED and that the 1 Petition for Writ of Habeas Corpus be DENIED and DISMISSED with prejudice. Signed by Chief District Judge Rebecca Beach Smith on 2/8/2017. Copies mailed 2/9/2017. (jmey, )

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FILED UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA FE3 - 8 2017 Norfolk Division CLLRK. us DiSTRiCT COURT CLINTON SHAWN DUNNING, NOR~0!.K. \.'A (Federal #28282-057, State #392513) Petitioner, V. ACTION NO. ERIC D. WILSON, 2:16cvl33 Warden Respondent. FINAL ORDER This matter was initiated by petition for a writ of habeas corpus \inder calculation of 28 the U.S.C. § federal 2241. Petitioner sentence he District of North Carolina. received challenges from the the Middle Specifically, he seeks credit for time spent in state custody prior to the commencement of his federal sentence. 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) Rule 72 of the Rules of the United States District Court for the Eastern District of Virginia for report and recommendation. Report of the Magistrate Judge was filed recommending dismissal of the petition. on January and 4, The 2017, 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 Magistrate the Court does hereby accept the findings and set Judge forth filed in the report January 4, 2017, of the and it United is, States therefore ORDERED that respondent's Motion for Summary Judgment (ECF No. 5) be GRANTED, and that the petition (ECF No. 1} be DENIED and DISMISSED with prejudice. Petitioner may appeal from the judgment entered pursuant to this Final Order by filing a written notice of appeal with the Clerk of this court, United States Courthouse, Norfolk, Virginia 23510, within sixty (60) 600 Granby Street, days from the date of entry of such judgment. The Clerk is directed to mail a copy of this Final Order to petitioner at the following addresses where he has been housed during the course of these proceedings: Clinton Shawn Dunning S t a t e No. 392513 Guilford County Detention Center 201 South Edgeworth Street Greensboro, NC 27401 Clinton Shawn Dunning Federal No. 28282-057 FCI-Petersburg (Medium) P. O. Box 1000 Petersburg, VA 23804 'Although Petitioner has been transferred on several occasions throughout these habeas proceedings, he has failed to keep the court informed of his transfers and current location. The court was eventually able to determine that Petitioner was being housed at the Guilford County Detention Center in Greensboro, NC on state criminal charges. (ECF No. 9) . A copy of the Report and Recommendation sent to his attention at that address was not returned unclaimed. 2 Clinton Shawn Dunning Federal No. 28282-057 USP Big Sandy 1197 Airport Road Inez, KY 41224 The Clerk is further directed to provide an electronic copy of the Final Order to counsel of record for respondent. -m Is! REBECCA BEACH SMITH CHIEF UNITED STATES DISTRICT JUDGE 2017

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