Villarreal v. Wilson

Filing 11

FINAL ORDER. It is ORDERED that the 1 Petition for a Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE. adopting Report and Recommendations re 10 Report and Recommendations. Signed by District Judge Raymond A. Jackson on 2/11/2019. Copies mailed 2/12/2019 and to Villarreal at AUSP Thomson and McRae as instructed. (jmey, )

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGIN

FILED

Norfolk Division

FEB 1 2 2019
VICTOR GARCIA VILLARREAL,
#88984-179,

CLERK. US DISTRICT COURT
NORFOI.K. VA

Petitioner,
V.

Action No. 2:17cv533

ERIC WILSON,
Warden,

Respondent.

FINAL ORDER

This matter was initiated by petition for a writ of habeas corpus pursuant to 28 U.S.C.
§2241. ECF No. 1. Petitioner Victor Garcia Villarreal is a federal prisoner convicted and
sentenced in the United States District Court for the Northern District of Florida, and presently

confined at the Federal Correctional Institution in McRae, Georgia, although he was confined in a
federal correctional institution in Petersburg, Virginia at the time he filed his petition. ECF Nos.
1, 10.

The petition was referred to a United States Magistrate Judge for report and

recommendation pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and (C) and Local Civil
Rule 72 of the Rules of the United States District Court for the Eastern District of Virginia. In the
report and recommendation filed December 21,2018, the Court found that the "savings clause" in

28 U.S.C. § 2255(e) does not apply to Villarreal's petition. ECF No. 10. As a result, Villarreal
cannot challenge the legality of his conviction by means of a section 2241 habeas petition. The

report recommends that VillaireaPs petition for a writ of habeas corpus be dismissed without

prejudice. The Court has received no objections to the report and recommendation and the time
for filing objections has expired.

The Court does hereby adopt and approve the findings and recommendations set forth in
the report and recommendation. It is, therefore, ORDERED that the petition for a writ of habeas
corpus is DISMISSED WITHOUT PREJUDICE.

Villarreal may appeal from the judgment entered pursuant to this Final Order by filing a

notice ofappeal with the Clerk ofthis court, United States Courthouse,600 Granby Street, Norfolk,
Virginia 23510, within sixty days from the date of entry ofsuch judgment.

The Clerk shall mail a copy of this Final Order to counsel of record for respondent and to
Villarreal at the address ofrecord and McRae Correctional Institution, P.O. Drawer 55030, McRae

Helena, OA 31055.

Raymond A;Jackson
United States District Judgp

Raymond A. Jackson
UNITED STATES DISTRICT JUDGE

Norfolk, Virginia
February
,2019