Bugg v. Rickards
Filing
13
MEMORANDUM OPINION AND ORDER: adopting the factual and legal analysis contained with the 12 Amended PF&R; dismissing this matter to the extent petitioner is challenging (1) the Board of Parole's calculation of his criminal sentence and (2) to the extent petitioner asserts a claim based upon U.S.S.G. Section 5G1.3(b); construing petitioner's 1 Writ of Habeas Corpus as a Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. Section 2255; transferring the motion to the United States District Court for the Eastern District of Kentucky; denying a certificate of appealability. Signed by Judge David A. Faber on 12/5/2017. (cc: counsel of record; petitioner - pro se) (btm)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
STEPHEN TROY BUGG,
Petitioner,
v.
CIVIL ACTION NO. 1:17-03601
BARBARA RICKARD, Warden
Respondent.
MEMORANDUM OPINION AND ORDER
Pending before the court is petitioner’s application for a
writ of habeas corpus pursuant to 28 U.S.C. § 2241.
ECF No. 1.
By Standing Order, the matter was referred to United States
Magistrate Judge Omar J. Aboulhosn for submission of proposed
findings and recommendations (“PF&R”) for disposition pursuant
to 28 U.S.C. § 636(b)(1)(B).
On September 1, 2017, the
magistrate judge submitted his Amended PF&R, in which he
recommended that the district court DISMISS in part and CONSTRUE
and TRANSFER in part.
ECF No. 12.
In accordance with the provisions of 28 U.S.C. § 636(b),
petitioner was allotted fourteen days, plus three mailing days,
in which to file any objections to Magistrate Judge Aboulhosn’s
Findings and Recommendation.
The failure to file such
objections constitutes a waiver of the right to a de novo review
by this court.
Snyder v. Ridenour, 889 F.2d 1363 (4th Cir.
1989).
Petitioner failed to file any objections to the magistrate
judge’s PF&R within the seventeen-day period.
Having reviewed
the Amended PF&R, the court adopts the findings and
recommendation contained therein.
The court hereby ADOPTS the factual and legal analysis
contained with the Amended PF&R, (ECF No. 12), DISMISSES this
matter to the extent petitioner is challenging (1) the Board of
Parole’s calculation of his criminal sentence and (2) to the
extent petitioner asserts a claim based upon U.S.S.G. §
5G1.3(b), CONSTRUES petitioner’s writ of habeas corpus as a
Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C.
§ 2255, and TRANSFERS the motion to the United States District
Court for the Eastern District of Kentucky.
Additionally, the court has considered whether to grant a
certificate of appealability.
See 28 U.S.C. § 2253(c).
A
certificate will not be granted unless there is “a substantial
showing of the denial of a constitutional right.”
2253(c)(2).
28 U.S.C. §
The standard is satisfied only upon a showing that
reasonable jurists would find that any assessment of the
constitutional claims by this court is debatable or wrong and
that any dispositive procedural ruling is likewise debatable.
Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v.
2
McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676,
683-84 (4th Cir. 2001).
The court concludes that the governing
standard is not satisfied in this instance.
Accordingly, the
court DENIES a certificate of appealability.
The Clerk is further directed to forward a copy of this
Memorandum Opinion and Order to counsel of records and
petitioner, pro se.
It is SO ORDERED this 5th day of December, 2017.
ENTER:
David A. Faber
Senior United States District Judge
3
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