Hrycuna v. Ormond

Filing 14

FINAL ORDER. It is ORDERED that respondent's 9 Motion to Dismiss be GRANTED, and that the petition be DENIED and DISMISSED without prejudice. A certificate of appealability is DENIED. Petitioner is ADVISED that because a certificate of appeala bility is denied by this Court, he may seek a certificate from the United States Court of Appeals for the Fourth Circuit within sixty (60) days from the date of this Order. Signed by District Judge Raymond A. Jackson on 3/20/2019. Copies mailed 3/21/2019. (jmey, )

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

JAIME HRYCUNA,#09482-049,
Petitioner,
V.

ACTION NO.2:18cv246

L. RAY ORMOND,Warden,

Respondent.

FINAL ORDER

This matter was initiated by petition for a writ of habeas corpus under 28 U.S.C. § 2241.
Petitioner challenges his administrative discipline for violation ofinstitutional rules that resulted in
the loss of good conduct time.

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 ofthe United States District Court for the

Eastern District of Virginia for report and recommendation. Report ofthe Magistrate Judge was
filed on February 19,2019,recommending dismissal ofthe petition without prejudice. By copy of
the 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 ofthe United States Magistrate Judge filed February 19,2019,and it is,therefore ORDERED
that respondent's Motion to Dismiss(ECF No.9)be GRANTED,and that the petition(ECF No. 1)
1

be DENIED and DISMISSED without prejudice.

Finding that the basis for dismissal of Petitioner's § 2241 petition is not debatable, and
alternatively finding that Petitioner has not made a "substantial showing of the denial of a
constitutional right," a certificate ofappealability is DENIED. 28 U.S.C.§ 2253(c);see Rules Gov.
§ 2254 Cases in U.S. Dist. Cts. 11(a); Miller-El v. Cockrell,537 U.S. 322,335-38(2003);Slack v.
McDaniel, 529 U.S.473,483-85 (2000).

Petitioner is ADVISED that because a certificate ofappealability is denied by this Court,he

may seek a certificate from the United States Court of Appeals for the Fourth Circuit. Fed. Rule

App. Proc. 22(b); Rules Gov. § 2254 Cases in U.S. Dist. Cts. 11(a). IfPetitioner intends to seek a
certificate of appealability from the Fourth Circuit, he must do so within sixty(60)days from the
date ofthis Order. Petitioner may seek such a certificate by filing a written notice ofappeal with the
Clerk of the United States District Court, United States Courthouse, 600 Granby Street, Norfolk,
Virginia 23510.

The Clerk shall mail a copy of this Final Order to Petitioner at Oklahoma City Federal
Transfer Center,P.O.Box 898801,Oklahoma City, OK,73189,and at FCI Beckley, 1600 Industrial

Road,Beaver, WV 25813,and provide an electronic copy ofthe Final order to counsel ofrecord for
Respondent.

Raymond A.Jackson
United States Di^ct Judge
RAYMOND A. JACKSON

UNITED STATES DISTRICT JUDGE

Norfolk, Virginia
,2019