Powell v. Stansberry, No. 2:2008cv00569 - Document 7 (E.D. Va. 2009)
Court Description: FINAL ORDER accepting the findings and recommendations set forth in 6 Magistrate Judge's Report and Recommendation; denying and dismissing the petition on the basis that the petition should have been filed in the U.S. District Court for the Eastern District of North Carolina under 28 U.S.C. §2255; noting appeal procedures. Signed by District Judge Raymond A. Jackson and filed on 3/13/09. Copy mailed to petitioner 3/16/09 (mwin, )
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Powell v. Stansberry Doc. 7 UNITED STATES DISTRICT FILED COURT FOR THE EASTERN DISTRICT OF VIRGI SJIA MAR Norfolk Division JAMES DEVON POWELL, 1 3 CLERK. U.S. DISTRICT COURT #19898-056, NORFOLK VA Petitioner, 2:08CV569 v. PATRICIA R. STANSBERRY, WARDEN, Respondent. FINAL ORDER This matter was corpus under 28 U.S.C. initiated by petition for a writ of § 2241. habeas Petitioner is currently incarcerated at the Federal Correctional Institute in Petersburg, Virginia. The petition alleges petitioner's violation of federal rights pertaining to convictions in the United States District Court for the Eastern District of North Carolina. The matter was referred to a United States Magistrate Judge pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) 72 District of the Rules of the United States Court District of Virginia for report and recommendation. and (C) for and Rule the Eastern The Magistrate Judge filed his report recommending dismissal of the petition on January 13, 2009. By copy of the report, petitioner was advised of his right to file written objections Magistrate Judge. the time for to the findings and recommendations made by the The Court has received no objections to the report and filing same has expired. The Court does hereby accept the findings and recommendations set forth in the report of the United States Magistrate Judge. Therefore, it is ORDERED that the petition be DENIED and DISMISSED on the Dockets.Justia.com basis that the petition should have been filed in the United States District Court for the Eastern District of North Carolina under 28 U.S.C. § 2255. Petitioner may appeal from the judgment this Final Order by filing a written notice of this court, Virginia United 23510, judgment. States within Courthouse, sixty Petitioner has days failed from 22(b) of issue a certificate S.Ct. 1029, 1039 the Federal of Rules Granby the date "a Therefore, of Appellate appealability. See to appeal with the Clerk of to demonstrate of the denial of a constitutional right." to Rule 600 entered pursuant Street, of Norfolk, entry substantial of such showing the Court, pursuant Procedure, Miller-El v. declines Cockrell, to 123 (2003) . The Clerk shall mail a copy of this Final Order to petitioner. Raymond A. Jackson United States District Judge UNITED Norfolk, March/3, Virginia 2009 STATES DISTRICT JUDGE
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