Brooks v. Wilson

Filing 12

MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 07/21/2015. Copy mailed to Petitioner. (walk, )

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

p
•

JUL 2 2 2015
CHARLES BROOKS,

CLERK, U.S. OISTRICT COURT
RICHMOND VA

Petitioner,
Civil Action No. 3:14CV493-HEH

V.

ERIC D. WILSON,

Respondent.
MEMORANDUM OPINION

(Adopting Report and Recommendation and Dismissing Action)
Charles Brooks, a federal inmate proceeding pro se, filed this petition for habeas

corpus under 28 U.S.C. § 2241 ("§ 2241 Petition," ECF No. I). Brooks asserts that

although he is "entitled to at least 150 days sentence credit in recognition of [his]
achievement of a GED," the Bureau of Prisons failed to award him such sentence credit.

(§ 2241 Pet. 8.) Respondent has moved to dismiss (ECF No. 6) or in the alternative
moved for summary judgment (ECF No. 7) on the ground that Brooks's claim lacks

merit. Brooks did not respond. On June 25, 2015, the Magistrate Judge recommended
that the Court grant the Motion for Summary Judgment and dismiss the § 2241 Petition
because Brooks's claim lacks merit. (ECF No. 11.) The Court advised Brooks that he

could file objections within fourteen (14) days after the entry of the Report and
Recommendation. Brooks 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. Witkowski, 816 F. Supp. 408, 410 (D.S.C. 1993) (citing