Turner v. Wilson

Filing 10

FINAL ORDER. It is ORDERED that 7 Motion to Dismiss for Lack of Jurisdiction be GRANTED, and the 1 Petition for Writ of Habeas Corpus be DENIED and DISMISSED. Signed by Chief District Judge Rebecca Beach Smith on 12/12/2017. Copies mailed 12/12/2017. (jmey, )

FLED
DEC 1 2 2017
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINI
Norfolk Division

HARVEY TURNER,

k

CLEHK, US DiSTHlCT COURT
r-0P-r5LK. VA

#17391-424,

Petitioner,
Civil Action No.

V.

ERIC WILSON,
Federal

2;17cv216

Warden,

Correctional

Institution Petersburg,

Respondent.
FINAL ORDER

This matter was initiated by petition for a writ of habeas

corpus under 28 U.S.C. § 2241. Petitioner Harvey Turner ("Turner"
or "Petitioner"), a federal inmate, was convicted in 2005, in the
Northern District

crimes.

of

Illinois

of

various

gun and

drug-related

At sentencing, he was found to be a career offender, and

the guideline calculation for his sentence was adjusted upwards
accordingly.

He is currently serving a

total of 292 months in

prison. Turner's petition seeks recalculation of his sentence, a
resentencing hearing or release from prison.
The matter was referred to a United States Magistrate Judge
pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and (C)
Rule

72

of

the Rules of

the United States District

and

Court

for the

Eastern District of Virginia for report and recommendation.

Report

of the Magistrate Judge was filed on November 13 2017, recommending

dismissal of the petition.

By copy of the report, each party was

advised of his right to file written objections to the findings and
recommendations

received

no

made

by

objections

the

Magistrate

to

the

Judge.

Magistrate

The

Judge's

court

has

Report

and

Recommendation and the time for filing objections has now esqjired.
Accordingly,
recommendations

the court does hereby accept the findings and
set

Magistrate Judge

forth

in

the

report

filed November 13,

of

2017,

the

and it

United
is,

States

therefore

ORDERED that respondent's Motion to Dismiss be GRANTED,

and that

the petition be DENIED and DISMISSED.

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 date 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 of appealability pursuant to Rule
22(b) of the Federal Rules of Appellate Procedure.
V.

Cockrell,

123 S.Ct.

1029,

1039

See Miller-El

(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.

/s/
REBECCA BEACH

-

December |^, 2017

SMITH

CHIEF UNITED STATES DISTRICT JUDGE