Summary
finding that Johnson did not render petitioner's underlying conduct—possession with intent to distribute crack cocaine and possession of a firearm in connection with a drug crime—"not criminal"
Summary of this case from Williamson v. United StatesOpinion
ACTION NO. 2:14CV597
10-27-2015
HARVEY TURNER, #17391-424, Petitioner, v. ERIC D. WILSON, Warden, Respondent.
FINAL ORDER
This matter was initiated by petition for a writ of habeas corpus under 28 U.S.C. § 2241. Petitioner challenges the validity of his conviction and calculation of his sentence imposed in the United States District Court for the Northern District of Illinois in August 2005.
The matter was referred to a United States Magistrate Judge pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and (C) and Rule 72 of the Rules of the United States District Court for the Eastern District of Virginia for report and recommendation. Report of the Magistrate Judge was filed on September 21, 2015, recommending dismissal of the petition. By copy of the report, each party was advised of his right to file written objections to the findings and recommendations made by the Magistrate Judge. The court has received no objections to the Magistrate Judge's Report and Recommendation and the time for filing objections has now expired.
Accordingly, the court does hereby accept the findings and recommendations set forth in the report of the United States Magistrate Judge filed September 21, 2015, and it is, therefore ORDERED that respondent's Motion to Dismiss be GRANTED, and that the petition be DENIED and DISMISSED without prejudice.
Petitioner may appeal from the judgment entered pursuant to this Final Order by filing a written notice of appeal with the Clerk of this court, United States Courthouse, 600 Granby Street, Norfolk, Virginia 23510, within sixty (60) days from the date of entry of such judgment.
The Clerk shall mail a copy of this Final Order to petitioner and provide an electronic copy of the Final order to counsel of record for respondent.
/s/_________
REBECCA BEACH SMITH
CHIEF UNITED STATES DISTRICT JUDGE
October 27, 2015