Ofori v. Director of VA Department of Corrections, No. 2:2012cv00290 - Document 17 (E.D. Va. 2012)
Court Description: ORDER ADOPTING REPORT AND RECOMMENDATIONS for 15 Report and Recommendations, 10 Motion to Dismiss filed by Harold W. Clarke. The court, having reviewed the record and examined the objections filed by petitioner to the Report and Recommendation, and having made de novo findings with respect to the portions objected to, does hereby adopt and approve the findings and recommendations set forth in the Report and Recommendation filed November 9, 2012. It is, therefore, ORDERED that Respondent's Motion to Dismiss be GRANTED and the Petitioner's petition be DENIED and DISMISSED with prejudice. Signed by District Judge Rebecca Beach Smith and filed on 12/20/2012; copies distributed on 12/21/2012. (bnew)
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Ofori v. Director of VA Department of Corrections Doc. 17 UNITED FOR THE STATES DISTRICT EASTERN DISTRICT OF FILED COURT VIRGINIA DEC 2 0 2012 Norfolk Division CLERK, US DISTRICT COURT TERRY OFORI, NORFOLK. VA #1165768, Petitioner, Civil v. HAROLD W. Action No. 2:12cv290 CLARK, Director, Virginia Department of Corrections, Respondent. FINAL This corpus matter pursuant was to 28 initiated U.S.C. ORDER by petition § 2254. sentence for two counts of rape, for While of serving a habeas 30-year Petitioner was convicted by the Circuit Court of Fairfax County on October 26, sentenced to one year in prison. writ 2000 of escape and His present petition challenges his guilty plea and conviction. The matter was referred to a United States Magistrate Judge for report U.S.C. and recommendation pursuant § 636(b)(1)(B) and (C) and Rule to 72 the of provisions the Rules of of 28 the United States District Court for the Eastern District of Virginia. The Report and Recommendation filed November 9, 2012 dismissal of the petition. recommends Each party was advised of his right to file written objections to the findings and recommendations made by Dockets.Justia.com the Magistrate Judge. Petitioner's On November 30, 2012, the court received Objections to the Report and Recommendation. The Respondent filed no response to the objections and the time for responding has now expired. The court, having reviewed the record and examined the objections filed by petitioner to the Report and Recommendation, and having made objected to, de novo findings with respect does hereby adopt and approve to the portions the findings and recommendations set forth in the Report and Recommendation filed November Motion 9, to 2012. It is, therefore, Dismiss be GRANTED and ORDERED the that Respondent's Petitioner's petition be DENIED and DISMISSED with prejudice. Petitioner is hereby notified that he may appeal from the judgment entered pursuant to this Final Order by filing a written notice of appeal Courthouse, with the Clerk of 600 Granby Street, this Norfolk, court, United States Virginia 23510, within thirty (30) days from the date of entry of such judgment. Petitioner has failed to demonstrate "a substantial showing of the denial of a constitutional right," therefore, the court declines to issue any certificate of appealability pursuant to Rule 22(b) of the Federal Rules of Appellate Procedure. v. Cockrell, 123 S.Ct. 1029, 1039 (2003). See Miller-El The Clerk shall mail a copy of this Final Order to Petitioner and counsel of record for Respondent. _&= Hfiebecca Beach Smith :a&™!^ -£&- CHIEF UNITED STATES Norfolk, Virginia fc>ecgjt*vVeft 2l0 , 2012 DISTRICT JUDGE
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