Taylor v. Ormond

Filing 19

FINAL ORDER. It is ORDERED that the Court does hereby ADOPT and APPROVE the 16 Report and Recommendation in its entirety as the Court's own opinion. Accordingly, the Respondent's 6 Motion to Dismiss is GRANTED, and the 1 Petition is DENIED and DISMISSED WITHOUT PREJUDICE. It is ORDERED that Judgment be entered in favor of Respondent. Signed by District Judge Arenda L. Wright Allen on 9/4/2019. Copies mailed 9/4/2019. (jmey, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA

Norfolk Division

THOMAS JEROME TAYLOR,
Petitioner,
V.

Civil Action No. 2:18-CV-248

J. RAY ORMOND,

Respondent.
FINAL ORDER

Before the Court is a petition for a writ ofhabeas corpus filed pursuant to 28 U.S.C. § 2241.

ECF No. 1. In his Petition, the pro se Petitioner asserts that the DHO failed to timely provide him
with the DHO's Reports regarding three separate DHO hearings in violation of28 C.F.R. § 541.8,
the BOP's Program Statement 5270.09, and the Due Process Clause of the United States
Constitution. Id at 6—7.

The matter was referred for disposition to a United States Magistrate Judge pursuant to 28
U.S.C. §§ 636(b)(l)(B)-(C), Federal Rule of Civil Procedure 72(b), Local Civil Rule 72, and the
April 2, 2002 Standing Order on Assignment of Certain Matters to United States Magistrate

Judges. The Magistrate Judge's Report and Recommendation filed June 6, 2019, recommends
Dismissal of the Petition without prejudice. ECF No. 16. The parties were advised of their right
to file written objections to the Report and Recommendation. Neither Petitioner nor Respondent

filed objections with the Court and the time to do so has expired.'

' July 8,2019,the Report and Recommendation(R&R)was returned as "not deliverable as addressed, unable to
On
forward." ECF No. 17. On August 7,2019, the Court issued an Order, directing the Clerk to resend a copy ofthe
R&R to the address listed for Petitioner on the Bureau ofPrisons Inmate Locator website and extended the deadline

Having reviewed the record and having heard no objection, the Court agrees with the
Report and Recommendation on the grounds stated by the Magistrate Judge and ADOPTS and
APPROVES the Report and Recommendation (EOF No. 16) in its entirety as the Court's own
opinion. Accordingly, the Respondent's motion to dismiss(ECF No. 6) is GRANTED,and the
Petition(ECF No. 1)is DENIED and DISMISSED WITHOUT PREJUDICE. It is ORDERED
that Judgment be entered in favor of Respondent.

Petitioner is hereby notified that he may appeal from the judgment entered pursuant to this
Final Order by filing a notice of appeal with the Clerk of the Court at the Walter E. Hoffman
United States Courthouse, 600 Granby Street, Norfolk, Virginia 23510, within thirty (30) days

from the date Judgment is entered. Because Petitioner has failed to demonstrate a substantial
showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c) and Federal Rule
of Appellate Procedure 22(b)(1), the Court declines to issue a certificate of appeaiability. See
Miller^El v. Cockrell, 537 U.S. 322, 335—36(2003).

The Clerk is DIRECTED to please forward a copy of this Order to Petitioner and counsel
of record for Respondent.
It is so ORDERED.

ArendatrWfight Allen
United States District Judge

Norfoli^ Virginia
Date:

to respond to 14 days from the date ofthe Order. ECF No. 18
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