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, )

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