Hurdle v. Wilson

Filing 15

FINAL ORDER. The Court agrees with the Report and Recommendation on the grounds stated by the Magistrate Judge and ADOPTS and APPROVES the 14 Report and Recommendation in its entirety as the Court's own opinion. The Respondent's 5 Motio n to Dismiss is GRANTED, and the 1 Petition is DENIED and DISMISSED WITH PREJUDICE. It is ORDERED that judgment be entered in favor of the Respondent. The Clerk is DIRECTED to forward a copy of this Order to Petitioner and counsel of record for the Respondent. Signed by District Judge Mark S. Davis on 7/27/2017. Copies mailed 7/27/2017. (jmey, )

FSLEiD_
IN THE

UNITED STATES

FOR THE EASTERN

DISTRICT COURT

DISTRICT OF VIRGINIi

Norfolk

JUL 2 7 2017

Division

RICO RANARD HURDLE,

CLEFiK L^S^O'STRtC^COURT
-CIK, V
A

Petitioner,
V.

Civil Action No.:

ERIC D.

WILSON,

2;16-cv-510

Warden

Respondent.
FINAL ORDER

Before the Court is a petition for a writ of habeas corpus,

ECF

No.

1,

filed

Respondent's Motion
the

United

Virginia
years

States

sentenced

of

Distribute

(b)(1)(C).

pursuant
to

to

Dismiss,

District

Court

120

supervised

release

Cocaine

violation

for

for

in

6 at 4.

U.S.C.

ECF No.

to

ECF No.

Hurdle

28

5.

2241,

On

the

months

of

§

U.S.C.

In his Petition,

with
§§

2015,

District

prison

Possession
21

the

March 27,

Eastern

in

and

and

of

three

Intent

to

841(a)(1)

and

Hurdle argued that

he should maintain the opportunity to seek early release because
he

was

convicted

of

a

non-violent

crime

and

the

Bureau

of

Prisons improperly considered the Special Offense Characteristic
enhancement

when

evaluating

his

request

for

early release

upon

completion of the Residential Drug Abuse Treatment Program.
The matter was

referred for disposition to a

United States

Magistrate
Federal

the

Judge

Rule

April

Matters

of Civil

2,

to

2002

United

Recommendation

Magistrate
and

the

the

28

Standing
States

be

Order

June

denied

and

and

their

§§

636(b) (1) (B)-(C),

Local

on

Magistrate

on

advised of

U.S.C.

72(b),

Civil

In

2017,

Motion

to

Recommendation.

to

of

a

ECF

file

72,

and

Certain

Report

No.

Dismiss

dismissed with

right

Rule

Assignment

Judges.

29,

recommended the

Petition

Report

to

Procedure

entered

Judge

parties were
to

pursuant

and

14,

be

the

granted,

prejudice.

The

written objections

Neither

the

Petitioner

nor

the Respondent filed objections with the Court.
Having

the

reviewed

Court

grounds

agrees

Report

the

Court's

and

to Dismiss,
is

with

stated by

the

DENIED

record

the

and

Report

the Magistrate

Recommendation,

own

opinion.

ECF No.
and

the

5,

and

Judge

ECF

heard

no

objection,

Recommendation
and ADOPTS

on

the

and APPROVES

No.

14,

in

Accordingly,

the

Respondent's Motion

is GRANTED,

DISMISSED

having

WITH

its

entirety

and the Petition,

PREJUDICE.

It

is

as

ECF No.

1,

ORDERED

that

The Petitioner is hereby notified that he may appeal

from

judgment be entered in favor of the Respondent.

the

judgment entered pursuant

written

notice

Walter E.
Norfolk,

of

appeal

to this

with

the

Final Order by filing

Clerk

of

Hoffman United States Courthouse,
Virginia

23510,

within

thirty

(30)

the

Court

at

a

the

600 Granby Street,
days

from the date

judgment

is

demonstrate

entered.
a

Because

substantial

the

Petitioner

showing

of

constitutional right pursuant to 28 U.S.C.

Rule

of

Appellate

Procedure

22(b)(1),

issue a certificate of appealability.
537 U.S.

322,

335-36

The Clerk

is

has

the

denial

§ 2253(c)

the

failed

Court

to

of

a

and Federal

declines

See Miller-El v.

to

Cockrell,

(2003).

DIRECTED

to

forward

a

copy of

this

Order

to

the Petitioner and counsel of record for the Respondent.
It

is

so ORDERED.

Mark S. Davis

United States District Judge
Mark

S.

Davis

United States District Judge

Norfolk, Virginia
Date: