Muzikir v. Stansberry et al, No. 2:2009cv00208 - Document 7 (E.D. Va. 2009)
Court Description: FINAL ORDER ADOPTING 6 REPORT AND RECOMMENDATIONS for 4 Motion to Dismiss, filed by Patricia R. Stansberry, U.S. Parole Commission. The Court ADOPTS AND APPROVES the findings and recommendations in the report of the US Magistrate Judge, and ORDE RS that the petition be DENIED AND DISMISSED WITH PREJUDICE as the Court has determined that Petitioner currently is not eligible for release on parole, and the United States Parole Commission does not have authority to release him on parole. Appeals procedures noted. Signed by District Judge Rebecca Beach Smith and filed on 12/2/09; Copy ECF to counsel and mailed to petitioner on 12/2/09. (kgri)
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Muzikir v. Stansberry et al Doc. 7 FILED UNITED STATES DISTRICT COURT DEC -2 FOR THE EASTERN DISTRICT OP VIRGINIA Norfolk Division CLERK, U.S. DISTRICT COURT NORFOLK. VA ABDUL MUZIKIR #02584-135, Petitioner, v CIVIL ACTION NO. PATRICIA R. STANSBERRY, 2:09cv208 et al. Respondents. FINAL This matter was ORDER initiated by petition corpus under 28 U.S.C. § 2241. for a writ of habeas In the petition, Petitioner alleges that the Federal Bureau of Prisons ("BOP") should release him on parole for serving over thirty (30) years of his seventy-seven (77) years to life sentence. The matter was referred to a United States Magistrate Judge pursuant to the provisions of 28 U.S.C. § 636{b)(l)(B) and (C) , Rule 72 of the Federal Rules of Civil Procedure, and Rule 72 of the Rules of the United States District Court for the Eastern District of Virginia Magistrate for Judge report was and recommendation. filed dismissal of the petition. on November By copy of 6, The report 2009, the report, of the recommending each party was advised of his right to file written objections to the findings and recommendations received no made by objections the to Magistrate the Judge. Magistrate The Judge's Court has Report and Recommendation and the time for filing same has expired. Dockets.Justia.com The Court does hereby ADOPT AND APPROVE the findings recommendations set forth in the report of the United and States Magistrate Judge filed on November 6, 2009, and it is, therefore, ORDERED that the petition be DENIED AND DISMISSED WITH PREJUDICE as the Court has determined that Petitioner currently is not eligible for release on parole, and the United States Parole Commission does not have authority to release him on parole. 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 order to the petitioner and to counsel of record for respondent. . M Rebecca Beach Smith United States District Judge UNITED STATES DISTRICT JUDGE Norfolk, December Virginia ca < 2009
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