Brooks v. Wilson, No. 3:2012cv00853 - Document 16 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 08/13/2014. Copy mailed to Petitioner. (walk, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA L IR\ AUG I 4 2014 B E Richmond Division CLERK, U.S. DISTRICT COURT RICHMOND, VA CHARLES BROOKS, Petitioner, Civil Action No. 3:12CV853-HEH v. ERIC D. WILSON, Respondent. MEMORANDUM OPINION (Denying 28 U.S.C. § 2241 Petition) Charles Brooks, a federal inmate proceeding pro se, submitted a 28 U.S.C. § 2241 petition. (ECF No. 6.) Brooks contends that the United States Parole Commission ("Commission") erred in executing his sentence. Specifically, Brooks raises the following grounds for relief: Claim 1 When the Commission revoked Brooks's parole in 2011, it violated Brooks's rights by failing to properly credit the 47 months Brooks served on a North Carolina sentence against Brooks's D.C. Sentence. Claim 2 "Illegal sentence." (§ 2241 Pet. Attach. 1.) Upon revoking Brooks's Parole is 2011, the Commission required Brooks to serve 162 months prior to considering Brooks for parole. Brooks asserts, "I don't have 162 mos. sentence for the [Commission] to give me ...." (Id) Claim 3 The Commission utilized an "[u]nlawful regulation." (Id. at 2.) Respondent has filed a Motion for Summary Judgment. (ECF No. 10.) Brooks has responded. (ECF No. 14.) For the reasons set forth below, the Court will grant the Motion for Summary Judgment.
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