Henson v. United States Department of Justice et al

Filing 11

FINAL ORDER. It is ORDERED that the Court ADOPTS and APPROVES the 9 Report and Recommendation in its entirety as the Court's opinion. Accordingly, Respondent's 5 Motion to Dismiss is GRANTED. The Petition is DENIED and DISMISSED WITH PREJUDICE. It is ORDERED that judgment be entered in favor of Respondent. Signed by District Judge Arenda L. Wright Allen on 3/6/2018. Copies mailed 3/7/2018. (jmey, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

MAR - 7 2018

ZEB A. HENSON,

Petitioner,
V.

ACTION NO. 2:17cvl34

UNITED STATES DEPARTMENT

OF JUSTICE, etal.

Respondent.
FINAL ORDER

Before the Court is a petition for a writ of habeas corpus (ECF No. 1) filed pursuant to 28
U.S.C. § 2241, and Respondent's Motion to Dismiss (ECF No. 5).

On March 18, 2011,

Petitioner was sentenced in the United States District Court for the Western District of Virginia
to an 84-month term of imprisonment for Possessing with the

Methamphetamine.

intent to Distribute

In his petition, the pro se Petitioner challenges the computation by the

Bureau of Prisons ("BOP") of his credits for time he spent in prison from his sentencing date to
when he was delivered into BOP's custody.

The matter was referred for disposition to a United States Magistrate Judge pursuant to
28 U.S.C. §§ 636(b)(l)(B)-(C), Federal Rule of Civil Procedure 72(b), Local Civil Rule 72, and
the April 2, 2002 Standing Order on Assignment of Certain Matters to United States Magistrate
Judges.

In a Report and Recommendation entered on February 2, 2018 (ECF No. 9), the

Magistrate Judge recommended that the Motion to Dismiss be granted, and the petition be denied
and dismissed with prejudice.

The parties were advised of their right to file written objections to the Report and

Recommendation. Neither the Petitioner northe Respondent filed objections with the Court.'
Having reviewed the record and having heard no objection, the Court agrees with the
Report and Recommendation on the grounds stated by the Magistrate Judge and ADOPTS and

APPROVES the Report and Recommendation (ECF No. 9) in its entirety as the Court's opinion.
Accordingly, Respondent's Motion to Dismiss (ECF No. 5) is GRANTED. The Petition (ECF
No. 1) is DENIED and DISMISSED WITH PREJUDICE. It is ORDERED that Judgment be
entered in favor of Respondent.

By this Order Petitioner is notified that he may appeal from the Judgment entered
pursuant to this Final Order by filing a written notice of appeal with the Clerk of the Court at the

Walter E. Hoffman United States Courthouse, 600 Granby Street, Norfolk, Virginia 23510,
within thirty days from the date judgment is entered.

Petitioner has failed to demonstrate a

substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c) and
Federal Rule of Appellate Procedure 22(b)(1), and the Court declines to issue a certificate of

appealability. See Miller-El v. Cockrell, 537 U.S. 322, 335 (2003). The Clerk is DIRECTED to

forward a copy of this Order to Petitioner and to counsel of record for Respondent.
It is so ORDERED.

Aren^aL^Wiighir^Sien
United States District Judge

Norfolk, Virginia

-

^

' The Report and Recommendation was mailed to Petitioner at theaddress on file with the Clerk'sOffice. On
February 16, 2018, the mailing was returned by the United States Postal Service as "Not deliverable as addressed'
and "Unable to forward." Petitioner is responsible for maintaining a record of his current address with the Court.
2