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, )

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