Garcia v. Wilson

Filing 15

FINAL ORDER. It is ORDERED that respondent's Motion for Summary Judgment be GRANTED, and that the petition be DENIED and DISMISSED with prejudice. Signed by Chief District Judge Rebecca Beach Smith on 1/11/2017. Copies mailed 1/12/2017. (jmey, )

UNITED
FOR THE

STATES

FiLED

DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA

Norfolk Division

JOSE RIVERA GARCIA,

JAN n

2017

CLERK, us "•STq'CI COURT

#08744-003,

K. VA

Petitioner,
V.

ACTION NO.

ERIC D.

2:16cvl67

WILSON,

Respondent.

FINAL

ORDER

This matter was initiated by petition for a
corpus

under

calculation of

District

of

28

U.S.C.

§

the federal

Alabama,

2241.

Petitioner

writ of habeas
challenges

the

sentence he received from the Southern

arguing

that

the

Bureau

of

Prisons

miscalculated his good time credit, and failed to apply a sentence
reduction.

The matter was referred to a United States Magistrate Judge
pursuant to the provisions of 28 U.S.C.
Rule

72

Eastern
Report

of

the Rules

District
of

of

of

§ 636(b)(1)(B) and (C)

the united States District

Virginia

the Magistrate

for

Judge was

a

report
filed

recommending dismissal of the petition.

and

Court

for

and
the

recommendation.

on November

28,

2016,

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

Magistrate Judge

forth

in

the

filed November

report

28,

of

2016,

the

and i t

United
is,

States

therefore

ORDERED that respondent's Motion for Summary Judgment be GRANTED,
and that the petition 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, 600 Granby Street,
Norfolk, 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/

-my

REBECCA BEACH SMITH
CHIEF UNITED STATES

Norfolk, Virginia
2017

DISTRICT JUDGE