Tyer v. Wilson

Filing 12

FINAL ORDER. It is ORDERED that the 1 Petition is DENIED and DISMISSED and Judgment shall be entered in favor of the Respondent. Petitioner's Objections are OVERRULED. Signed by District Judge Arenda L. Wright Allen on 12/4/2017. Copies mailed 12/7/2017. (jmey, )

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FILED UNITED STATES DISTRICT COURT DEC -5 2017 FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division c -ERK U.S. DISTRICT COURT NORFOLK. VA JOHN TAYLOR TYER, #54606-056, Petitioner, Civil No. 2;17cv294 V. ERIC WILSON, Warden, Respondent. FINAL ORDER This matter was initiated by petition for a writ ofhabeas corpus under 28 U.S.C. § 2241. The Petitioner seeks a resentencing hearing or an evidentiary hearing to establish Petitioner's actual innocence. 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 of the Rules of the United States District Court for the Eastern District of Virginia for report and recommendation. The Report was filed on November 2, 2017, recommending dismissal of the Petition because Petitioner raised similar claims in a motion for relief before the sentencing court, and because his Petition falls outside the narrow range of claims that may be brought by federal prisoners under the so-called "savings provision" of28 U.S.C. § 2255(e). ECFNo. 10. By copy of the report, each party was advised of the right to file written objections to the findings and recommendations. On November 15,2017, the Court received Petitioner's Objections to the Magistrate Judge's Report and Recommendation. ECF No. 11. The Respondent has filed no response to the Objections and the time for doing so has now expired. 1

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