Whitfield v. Wilson

Filing 18

MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 6/4/15. Copy sent: Yes (tdai, )

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JUN - 4 2015

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

CLERK,U.8. DISTRICT COURT
RICHMOND, VA

ANDRE WHITFIELD,
Petitioner,
Civil Action No. 3:14CV104-HEH

v.

ERIC D. WILSON,

Respondent.
MEMORANDUM OPINION

(Adopting Report and Recommendation and Dismissing Action)

Andre Whitfield, a federal inmate proceeding pro se, filed this petition for habeas
corpus under 28 U.S.C. § 2241 ("§ 2241 Petition;' ECF No. 1) challenging the Bureau of
Prisons's method of awarding good conduct time credit and arguing that he is entitled to

more than he has been awarded. On April 29, 2015, the Magistrate Judge recommended
that the § 2241 Petition be dismissed because Whitfield has received all the credit he is

due. (ECF No. 17.) The Court advised Whitfield that he could file objections within
fourteen (14) days after the entry of the Report and Recommendation. Whitfield has not
responded.

"The magistrate makes only a recommendation to this court. The recommendation
has no presumptive weight, and the responsibility to make a final determination remains

with this court." Estrada v. WitkowskU 816 F. Supp. 408, 410 (D.S.C. 1993) (citing
Mathews v. Weber, 423 U.S. 261, 270-71 (1976)). This Court "shall make a de novo

determination of those portions of the report or specified proposed findings or
recommendations to which objection is made." 28 U.S.C. § 636(b)(1). "The filing of

objections to a magistrate's report enables the district judge to focus attention on those

issues—factual and legal—that are at the heart of the parties' dispute." Thomas v. Am,
474 U.S. 140, 147 (1985). In the absence of a specific written objection, this Court may
adopt a magistrate judge's recommendation without conducting a de novo review. See
Diamondv. Colonial Life & Accident Ins. Co., 416 F.3d 310, 316 (4th Cir. 2005).

There being no objections, the Report and Recommendation will be accepted and

adopted. The Motion for Summary Judgment (ECF No. 12) will be granted. The Motion
to Dismiss (ECF No. 11) will be denied as moot. Whitfield's claims and the action will
be dismissed.

An appropriate Final Order will accompany this Memorandum Opinion.

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/s/

Henry E. Hudson

Date: TTui\<> 4 2 olS
Richmond, Virgirfia

United States District Judge