Bustos v. Warden

Filing 9

FINAL ORDER. It is ORDERED that the 1 Petition for Writ of Habeas Corpus is DISMISSED WITH PREJUDICE. A certificate of appealability is DENIED. Petitioner is ADVISED that he may seek a certificate from the United States Court of Appeals for the F ourth Circuit by filing a written notice of appeal with the Clerk of the United States District Court, United States Courthouse, 600 Granby Street, Norfolk, Virginia 23510 within thirty (30) days. Signed by District Judge Elizabeth W. Hanes on 3/27/2024. Copies mailed 3/27/2024. (jmey, )

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division
JAIR ALEJANDR BUSTOS, #49028-048
Petitioner,
v.

ACTION NO. 2:23cv488

JUSTIN ANDREWS, Warden,
Respondent.

FINAL ORDER
Petitioner Jair Alejandr Bustos (“Bustos”), a federal inmate housed in the Federal
Correctional Institution Low in Petersburg, Virginia, filed a pro se petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2241 on October 3, 2023. ECF No. 1. Bustos asserts that the Bureau
of Prisons (“BOP”) failed to properly apply credits that he has earned under the First Step Act
towards his early release. Id. at 2. This matter was referred to the United States Magistrate Judge
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 for report and
recommendation.
The report and recommendation, filed February 21, 2024, recommends that Bustos’
petition be dismissed with prejudice. ECF No. 8. Each party was advised of the right to file written
objections to the findings and recommendations made by the Magistrate Judge. Id. No objections
have been filed.

The Court, having reviewed the record, does hereby adopt and approve the findings and
recommendations set forth in the report and recommendation. The Court, therefore, ORDERS that
the petition for a writ of habeas corpus, ECF No. 1, is DISMISSED WITH PREJUDICE.
Bustos has failed to demonstrate a “substantial showing of the denial of a constitutional
right,” and, therefore, the Court declines to issue any certificate of appealability pursuant to Rule
22(b) of the Federal Rules of Appellate Procedure. See Miller-El v. Cockrell, 537 U.S. 322, 335–
36 (2003).
Bustos is ADVISED that because a certificate of appealability is denied by this Court, he
may seek a certificate from the United States Court of Appeals for the Fourth Circuit. Fed. R. App.
P. 22(b); Rules Gov. § 2254 Cases in U.S. Dist. Cts. 11(a). If Bustos intends to seek a certificate
of appealability from the Fourth Circuit, he must do so within thirty (30) days from the date
of this final order. Bustos may seek such a certificate by filing a written notice of appeal 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 Bustos and counsel of record for
respondent.

_______________________________
Elizabeth W. Hanes
United States District Judge
Norfolk, Virginia
March 27, 2024

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