Doss v. Clarke, No. 2:2019cv00347 - Document 14 (E.D. Va. 2020)

Court Description: FINAL ORDER. It is ORDERED that the Court does hereby ADOPT and APPROVE the findings and recommendations set forth in the 11 Report and Recommendation filed March 5, 2020. It is, therefore, ORDERED that the Respondent's 7 Motion to Dismiss b e GRANTED, and the Petition is DENIED and DISMISSED WITH PREJUDICE. It is further ORDERED that judgment be entered in favor of the Respondent. A certificate of appealability is DENIED. Petitioner is ADVISED that he may seek a certificate from the Uni ted States Court of Appeals for the Fourth Circuit by filing a written notice of appeal with the Clerk of the United States District Court, United States Courthouse, 600 Granby Street, Norfolk, Virginia 23510 within thirty (30) days. Signed by District Judge Raymond A. Jackson on 9/21/2020. Copies mailed 9/22/2020. (jmey, )

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Doss v. Clarke Doc. 14 FILED UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division JERMAINE S. DOSS,#1009227, Sth 2 1 2020 CLERK, U.S. DISTRICI CUUMI NORFOLK, VA Petitioner, V. CIVIL ACTION NO.2:19cv347 HAROLD W. CLARKE,Director, Virginia Department of Corrections, Respondent. FINAL ORDER Before the Court is a Petition for a Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 and the Respondent's Motion to Dismiss the Petition. In his Petition, Petitioner, through counsel, alleges violations of his constitutional rights in relation to his conviction as an accessory before the fact to the first-degree murder of James Webb, statutory burglary, conspiracy, and two counts of use of a firearm in the commission of a felony, on May 9, 2000, in the Circuit Court for the City of Norfolk, which resulted in a sentence of life plus 38 years in prison in the Virginia state penitentiary. The Petition was referred to a United States Magistrate Judge for report and recommendation pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and (C) and Local Civil Rule 72 of the Rules of the United States District Court for the Eastern District of Virginia. The Magistrate Judge's Report and Recommendation filed March 5, 2020, recommends dismissal of the Petition with prejudice. On March 19, 2020, Petitioner timely filed objections to the Report and Recommendation. ECF No. 12. On April 2, 2020, Respondent filed his response to Petitioner's objections to the Report and Recommendation. ECF No. 13. Dockets.Justia.com The Court having reviewed the record and examined the objections filed by Petitioner to the Report and Recommendation, and reviewed the response to the objections filed by Respondent 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 March 5, 2020. It is, therefore, ORDERED that the Respondent's Motion to Dismiss, ECF No. 7, be GRANTED, and that the Petition, ECF No. 1, be DENIED and DISMISSED WITH PREJUDICE. It is further ORDERED that judgment be entered in favor ofthe Respondent. Finding that the procedural basis for dismissal of Petitioner's § 2254 petition is not debatable, and alternatively finding that Petitioner has not made a "substantial showing ofthe denial of a constitutional right," a certificate of appealability is DENIED. 28 U.S.C. § 2253(c); $ee Rules Gov. § 2254 Cases in U.S. Dist. Cts. 11(a); Miller-El v. Cockrell, 537 U.S. 322, 33538(2003);Slack v. McDaniel, 529 U.S. 473,483-85 (2000). Petitioner is ADVISED that because a certificate of appealability is denied by this Court, he may seek a certificate from the United States Court of Appeals for the Fourth Circuit. Fed. Rule App. Proc. 22(b); Rules Gov. § 2254 Cases in U.S. Dist. Cts. 11(a). If Petitioner intends to seek a certificate of appealability from the Fourth Circuit, he must do so within thirty (30) days from the date of this Order. Petitioner may seek such a certificate by filing a written notice of appeal with the Clerk of the United States District Court, United States Courthouse, 600 Granby Street, Norfolk, Virginia 23510. The Clerk shall forward a copy ofthis Final Order to all counsel ofrecord. It is so ORDERED. Raymond A.Jackson United States District Judge RAYMOND A. JACKSON UNITED STATES DISTRICT JUDGE Norfolk, Virginia September^ ,2020

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