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:
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