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, )

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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:

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