Heatley v. Driver et al, No. 5:2008cv00125 - Document 22 (N.D.W. Va. 2009)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE: This Court hereby AFFIRMS and ADOPTS in its entirety the 17 Report and Recommendation of the magistrate judge. Accordingly, the petitioner's [1 5] Motion for Summary Judgment is DENIED, the respondent's 11 Motion to for Summary Judgment is GRANTED, and the petitioner's 1 Petition for Writ of Habeas Corpus (2241) is DENIED and DISMISSED WITH PREJUDICE as to the claims regarding the BOP's decision to deny parole, and DISMISSED WITHOUT PREJUDICE as to the claims concerning the calculation of his sentence and the award of good time credits. It is ORDERED that this civil action be DISMISSED and STRICKEN from the active do cket of this Court. The Clerk is DIRECTED to enter judgment in this matter pursuant to FRCP 58. Signed by Senior Judge Frederick P Stamp, Jr on 7/31/2009. (Copy to pro se petitioner (via certified mail/rrr), counsel) (kac) (Additional attachment(s) added on 7/31/2009: # 1 Certified Mail Receipt) (kac).