Acklin v. Warden

Filing 18

FINAL ORDER. It is ORDERED that 14 Motion to Dismiss be GRANTED and the 1 Petition for a Writ of Habeas Corpus be DENIED and DISMISSED without prejudice. Signed by District Judge Raymond A. Jackson on 12/17/2018. Copies mailed 12/17/2018. (jmey, )

FILED
UNITED STATES DISTRICT COUR r
FOR THE EASTERN DISTRICT OF VIRGIl^ lA

DEC 1 7 2018

Norfolk Division
CLERK. US DISTRICT COURT

WILLARD LEE ACKLIN,#22061-056,

NOn^OLK. VA

Petitioner,
V.

CIVIL ACTION No. 2:17-cv-639

WARDEN,FCI PETERSBURG LOW,

Respondent.
FINAL ORDER

This matter was initiated by petition for a writ of habeas corpus under 28 U.S.C. § 2241.
Petitioner Willard Lee Acklin seeks to have the court vacate the sentence he received following a
2002jury verdict rendered in the U.S. District Court for the Eastern District of North Carolina and
resentence him without enhancement under the Armed Career Criminal Act.

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 ofVirginia for report and recommendation. The Report ofthe Magistrate Judge was

filed on November 19, 2018, recommending dismissal ofthe petition without prejudice for lack of
jurisdiction. By copy ofthe report, each party was advised of his 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.
Accordingly,the Court does hereby accept the findings and recommendations set forth in the
report of the United States Magistrate Judge filed November 19, 2018, and it is, therefore

ORDERED that respondent's Motion to Dismiss be GRANTED,and that the petition be DENIED

1

and DISMISSED without prejudice.

Petitioner may appeal from the judgment entered pursuant to this Final Order by filing a
written notice of appeal with the Clerk ofthis court, United States Courthouse,600 Granby Street,
Norfolk, Virginia 23510, within sixty (60)days from the date of entry of such judgment.
The Clerk shall mail a copy ofthis Final Order to petitioner and provide an electronic copy
of the Final order to counsel of record for respondent.

RAYMOI

UNITED STATES DISTKICT JUDGE

Norfolk, Virgini
ENTERED;

/Zzo/B