Goffigan v. Clarke, No. 2:2011cv00364 - Document 13 (E.D. Va. 2012)

Court Description: FINAL ORDER accepting the findings and recommendations set forth in 12 Report and Recommendations; denying the petition for a writ of habeas corpus; granting respondent's 8 Motion to Dismiss; dismissing the petition; directing that judgment be entered in favor of respondent; to the extent that the petition is based on Grounds 1 and 2, the petition is dismissed on the merits; to the extent that the petition is based on Ground 3, the petition is dismissed because the claim is non-cognizable in this Court; noting appeal procedures; declining to issue any certificate of appealability. Signed by District Judge Rebecca Beach Smith and filed on 3/27/12. ECF to counsel, copy mailed to petitioner.(mwin, )

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Goffigan v. Clarke Doc. 13 UNITED STATES DISTRICT COURT ASTERN FOR THE EASTERN DISTRICT 01 VIRGINIA OP j:;| f'-T; Norfolk Division 2 7 2012 JOHN K. GOFFIGAN, #1049041 O ••( .. i.;r-; Petitioner, v. ACTION NO. HAROLD W. 2:llcv364 CLARKE, Director of Department the Virginia of Corrections, Respondent. FINAL This matter was initiated by petition corpus under 28 U.S.C. Petitioner's for commission of firearm crimes of by a on convicted as for of U.S.C. the 28 Rules a report of 11, pertaining wounding, 2007, result ten years petition Judge rights felon. § was and of use writ of in the which a habeas was to recommendation, and States (C) a firearm was Court for sentenced pursuant District in convicted of United and convictions the and possession of Circuit he his of wounding, Petitioner referred United a to in the Virginia penal 636(b)(l)(B) the for The petition alleges violation of aggravated malicious active term of The malicious September Suffolk, § 2254. constitutional aggravated ORDER to the a these City serve an system. States Magistrate to provisions Local Court the Civil for Rule the 72 of Eastern Dockets.Justia.com District of Virginia. Recommendation, the with to the prejudice. Report filing objections has The Court recommendations February 24, Dismiss is set shall that petition DISMISSED based on on Ground it is in Clerk of Street, Order the this the the time for the findings and and Recommendation filed that the petition the petition of Respondent. on Grounds the is is DISMISSED and 1 and extent 2, that DISMISSED To the the the extent petition is petition is because the claim from the a judgment entered pursuant written United notice States 23510, of appeal Courthouse, within 30 days with 600 from the to the Granby date of such judgment. denial declines no Court. Virginia Petitioner has of received and of is DENIED and Respondent's Motion to petition filing court, Norfolk, entry of by Report To merits. Petitioner may appeal Final and dismissal has therefore ORDERED favor based is non-cognizable in this this Court accept Accordingly, is 3, Report recommends Recommendation, hereby corpus entered the Judge's expired. and GRANTED. 2012, The forth in the habeas judgment the and does 2012, for a writ of Magistrate filed February 24, petition objections The to of issue failed a to demonstrate constitutional any certificate 2 right," of "a substantial therefore, appealability showing the Court pursuant to Rule 22(b) Miller-El v. The of the Federal Cockrell, Clerk shall Rules 537 U.S. mail a of 322, Appellate 335-36 copy of Procedure. See (2003). this Final Order to Petitioner and to counsel of record for Respondent. /S/ Rebecca Beach Smith _ . Chief REBECCA BEACH SMITH CHIEF UNITED STATES DISTRICT JUDGE Norfolk, March Virginia 5D / 2012

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