Winston v. United States Attorney General

Filing 17

FINAL ORDER denying 6 Motion to Expedite; denying 9 Motion pursuant to Rule 21(a) and (b) of F.R.A.P.; denying 10 Motion pursuant to Rule 21(a) and (b) of F.R.A.P.; accepting and adopting Report and Recommendations re 13 Report and Recomm endations; 14 Objections are OVERRULED. Winston's 28 U.S.C. § 2241 petition is denied. The action is dismissed. A certificate of appealability is denied. From this point forward, before the Court will review any new action challenging t he calculation or execution of his sentence, Winston must do the following: (A.) Provide a brief summary of why the ends of justice warrant consideration of his submission and attach the summary to the front of any filing; and, (B.) Certify that th e claims he wishes to present are new claims never before raised and disposed of on the merits by any federal court and set forth why each claim could not have been raised in one of his previous actions (End). Winston's failure to comply with th e above directives will result in summary dismissal of the new action. Should Winston desire to appeal, a written notice of appeal must be filed with the Clerk of the Court within sixty (60) days of the date of entry hereof. Failure to file a notice of appeal within that period may result in the loss of the right to appeal. It is so ORDERED. Signed by District Judge Robert E. Payne on 7/31/13. Copy sent: Yes (tdai, )

IN THE UNITED

STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

MONTE DECARLOS WINSTON,
Petitioner,
v.

Civil Action No.

3:12CV172

UNITED STATES ATTORNEY GENERAL,

Respondent.
FINAL ORDER

In accordance with the accompanying Memorandum Opinion, it
is hereby ordered that:

1.

Winston's objections are overruled;

2.

The Report and Recommendation is accepted and adopted;

3.

Winston's 28 U.S.C.

4.

The action is dismissed;

5.

Winston's Motion to Expedite (ECF No. 6), and two
Motions Pursuant to Rule 21(a) and (b) of FRAP (ECF
No.

9-10)

§ 2241 petition is denied;

are denied;

6.

A certificate of appealability is denied;

7.

From this point forward, before the Court will review
any
new
action
challenging
the
calculation
or
execution
of
his
sentence,
Winston
must
do
the
following:

a.

Provide a brief summary of why the ends
of justice warrant consideration of his

submission

and

attach

the

summary

to

wishes

to

the front of any filing; and,
b.

Certify

that

the

claims

he

present

are

new

claims

never

before

raised and disposed of on the merits by
any federal court and set forth why

each

claim

could

not

have

been

raised

in one of his previous actions.

Winston's failure to comply with the above directives
will result in summary dismissal of the new action.
Should Winston desire to appeal,

a written notice of appeal

must be filed with the Clerk of the Court within sixty (60) days
of the date of entry hereof.

within

that

period

may

Failure to file a notice of appeal

result

in

the

loss

of

the

right

appeal.

The Clerk is directed to send the Memorandum Opinion and
Final

Order to Winston.
And it

is

so ORDERED

/s/

Date:

(\

^

/k^y V/2*/?

Richmond," Virginia

Robert E. Payne

rtvC

Senior United States District Judge

to