Horton v. Wilson

Filing 12

FINAL ORDER. It is ORDERED that 8 Motion to Dismiss be GRANTED, and that the 1 Petition for Writ of Habeas Corpus be DENIED and DISMISSED with prejudice. Signed by District Judge Raymond A. Jackson on 12/5/2017. Copies mailed 12/5/2017. (jmey, )

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division LESIA ROSHAD HORTON, #56612-056 Petitioner, V. CIVIL ACTION NO. 2:17cvl77 ERIC D. WILSON, Warden FCC Petersburg Medium Respondent. FINAL ORDER This matterwas initiated by petitionfor a writ of habeascorpusunder28 U.S.C. § 2241. The petition challengesa decision by the Bureau ofPrisons ("BOP") which denied Petitioneraccessto a discretionary sentence reduction available to inmates who complete a residential drug treatment program. The matter was referred to a United States Magistrate Judge pursuant to the provisions of28 U.S.C. § 636(b)(1)(B) and (C) and Rule 72 ofthe Rules of the United States District Court for the Eastern District of Virginia for report and recommendation. Report of the Magistrate Judge was filed on November 8,2017, recommending dismissal ofthe petition because the BOP's decision is not subject to judicial review under the Administrative Procedures Act and Morton's claims fail to plausibly allege a constitutional or legal defect in the BOP's enactmentor applicationofthe relevant regulations. By copy of the report, each party was advised ofhis 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. 1 Accordingly, the court does hereby accept the findings and recommendationsset forth in the report ofthe United States Magistrate Judge filed November 8,2017, and it is, therefore ORDERED that respondent's Motion to Dismiss 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 dale of entry of such judgment. Petitioner has failed to demonstrate "a substantial showing of the denial of a constitutional right," therefore, the Court declines to issue any certificate ofappealability pursuant to Rule 22(b) of the Federal Rules of Appellate Procedure. See Miller-El v. Cockrell. 123 S.Ct. 1029, 1039 (2003). 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. RAYMOND A. JACf UNITED STATES DISTRICT JUDGE Nqpfolk, Virginia ./T ,2017

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