REBECCA BEACH SMITH, Chief District Judge.
This matter was initiated by petition for a writ of habeas corpus under 28 U.S.C. § 2241. Petitioner challenges the calculation of the federal sentence he received from the Middle District of North Carolina. Specifically, he seeks credit for time spent in state custody prior to the commencement of his federal sentence.
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. The Report of the Magistrate Judge was filed on January 4, 2017, 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 January 4, 2017, and it is, therefore ORDERED that respondent's Motion for Summary Judgment (ECF No. 5) be GRANTED, and that the petition (ECF No. 1) be DENIED and DISMISSED with prejudice.
Petitioner may appeal from the judgment entered pursuant to this Final Order by filing a
The Clerk is directed to mail a copy of this Final Order to petitioner at the following addresses where he has been housed during the course of these proceedings:
The Clerk is further directed to provide an electronic copy of the Final Order to counsel of record for respondent.