Albritton v. Johnson, No. 2:2008cv00443 - Document 18 (E.D. Va. 2009)
Court Description: ORDER does hereby ADOPT AND APPROVE the findings and recommendations set forth in the report of the United States Magistrate Judge filed on 3/12/09, and it is, therefore, ORDERED that the petition be DENIED AND DISMISSED as the claims are barred by t he statute of limitations. Additionally, Petitioner's motion for extension of time to file a response to the motion to dismiss is DENIED because Petitioner does not raise grounds that would alter the court's determination that the petition was filed grossly outside the statute of limitations period. It is further ORDERED that judgment be entered in favor of Respondent. Signed by District Judge Jerome B. Friedman and filed on 4/7/09. Copy mailed on 4/8/09 (lhow, )
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Albritton v. Johnson Doc. 18 FILED UNITED STATES DISTRICT COURT i APR - 7 FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division I. \j lj -J CLERK U.S. DISTRICT COURT NCRrOLK. VA DEVINCHE J. ALBRITTON, #317524, Petitioner, v- ACTION NO. GENE M. JOHNSON, Director of 2:08cv443 the Virginia Department of Corrections, Respondent. FINAL This matter was initiated by petition corpus under 28 U.S.C. federal 26, § 2254. rights pertaining 2002, in Virginia, the ORDER to Circuit for a writ of The petition alleges violation of Petitioner's Court of the conviction on February City of Virginia prison, five Petitioner is Corrections (5) on other to years currently The matter was pursuant and three confined by months Virginia referred to of 28 U.S.C. the of United States § suspended. Department 636(b)(l)(B) of Judge was filed District on and (C), Procedure and Rule 72 of Court for District of Virginia for report and recommendation. Magistrate (6) years a United States Magistrate Judge of the Federal Rules of Civil the as a charges. the provisions the (3) the Rule 72(b) Rules Beach, of possession of cocaine with intent to distribute, result of which he was sentenced to serve a total of six in habeas March 12, 2009 the Eastern The report of recommending Dockets.Justia.com 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. On March 16, the Court received Petitioner's motion for extension of file a response to the motion to dismiss. On March 17, 2009, time 2009, to the Court received Petitioner's objections to the report and recommen dation. The The Court received no response from Respondent. Court, objections having the record and filed by Petitioner to the magistrate and having made objected reviewed to, de does recommendations novo hereby set Magistrate Judge findings forth ADOPT in with AND the filed on March respect APPROVE report 12, of 2009, examined the judge's report, to the portions the the and it findings United is, and States therefore, ORDERED that the petition be DENIED AND DISMISSED as the claims are barred by the statute of limitations. motion for extension of dismiss Additionally, Petitioner's time to file a response to the motion to is DENIED because Petitioner does not raise grounds that would alter the Court's determination that the petition was filed grossly outside the statute of limitations period. It is further ORDERED that judgment be entered in favor of Respondent. Petitioner may appeal this final order by filing Clerk of this Court, Norfolk, Virginia 23510, from the judgment a written notice United States Courthouse, within thirty (30) entered pursuant of appeal with to the 600 Granby Street, days from the date of entry of such judgment. substantial Therefore, of showing of Petitioner has the denial of failed to demonstrate a constitutional the Court, pursuant to Rule 22<b) Appellate Procedure, appealability. declines See Miller-El v. to right." of the Federal Rules issue Cockrell, "a a certificate 537 U.S. 322, of 335-36 (2003). The Clerk shall mail a copy of this Final Order to Petitioner and to counsel of record for Respondent. t!L Jerome B. Friedman United States District Judge UNITED STATES DISTRICT JUDGE Norfolk, Virginia April "**} , 2009
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