Crawley v. Johnson, No. 2:2008cv00420 - Document 16 (E.D. Va. 2009)

Court Description: FINAL ORDER accepting findings and recommendations set forth in 11 Report and Recommendation; denying and dismissing the petition on the basis of petitioner's procedural default in the state courts and on the merits; directing that judgment be entered in respondent's favor; noting appeal procedures; declining to issue certificate of appealability. Signed by District Judge Raymond A. Jackson on 5/27/09 and filed 5/28/09. Copy mailed to petitioner, ECF to counsel, 5/29/09.(mwin, )

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Crawley v. Johnson Doc. 16 FILED UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division MAY 2 8 2009 CLERK, U.S. DIS i HiCT COURT MELVIN K. CRAWLEY, NORFOLK. VA #341704 Petitioner, 2:08CV420 GENE M. JOHNSON, Director of the Virginia Department of Corrections, Respondent. FINAL This matter was ORDER initiated by petition for a writ of corpus under 28 U.S.C. § 2254. habeas The petition alleges violation of federal rights pertaining to petitioner's convictions on October 15, 2002, in the Circuit Court for the City of Portsmouth, Virginia, intent to distribute cocaine. for possession with As a result of the convictions, petitioner was sentenced to serve fifteen years in the Virginia penal system. The matter was referred to a United States Magistrate Judge pursuant to the provisions of 28 U.S.C. § 636(b)(l)(B) 72 District of the Rules of the United States Court District of Virginia for report and recommendation. filed his 2009. and (C) and Rule for the Eastern The Magistrate Judge report recommending dismissal of the petition on April 14, By copy of the report, each party was advised of his right to file written objections Magistrate Judge. to the findings and recommendations made by the The Court has received no objections to the report, and the time for filing same has expired. The Court does hereby accept the findings and recommendations set forth in the report of the United States Magistrate Judge. Therefore, it is ORDERED that the petition be DENIED and DISMISSED on the Dockets.Justia.com basis of petitioner's procedural default in the state courts and on the merits and that judgment be entered in respondent's Petitioner may appeal from the judgment favor. entered pursuant to this Final Order by filing a written notice of appeal with the Clerk of this court, Virginia United 23510, judgment. States within Courthouse, thirty Petitioner has days from 1029, the Street, date of entry 1039 Norfolk, of such "a substantial showing Therefore, the Court, pursuant of the Federal Rules of Appellate Procedure, issue a certificate of appealability. S.Ct. Granby failed to demonstrate of the denial of a constitutional right." to Rule 22(b) 600 See Miller-El v. declines to Cockrell, 123 (2003). The Clerk shall mail a copy of this Final Order to petitioner and to counsel of record for respondent. -o'v. .itl ik. Jackson *"s District Judge UNITED Norfolk, Virginia 2009 STATES DISTRICT JUDGE

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