Harden v. Johnson, No. 2:2008cv00444 - Document 15 (E.D. Va. 2009)

Court Description: ORDER that 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 basis of petitioner's procedural default in the state courts and on the merits and that judgment be entered in respondent's favor. Appeal procedures noted. Signed by District Judge Mark S. Davis and filed on 4/29/09. Copy mailed on 4/29/09(lhow, )

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Harden v. Johnson Doc. 15 UNITED FOR THE STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Norfolk Division DENNIS R. HARDEN, JR., #335623, Petitioner, v. 2:08CV444 GENE M. JOHNSON, Director of the Virginia Department of Corrections, Respondent. FINAL ORDER This matter was corpus under 28 U.S.C. rights pertaining Circuit firearm Court by petitioner § 2254. the City convicted was of to convictions Suffolk, felon. sentenced for a writ of habeas The petition alleges violation of federal to petitioner's for a initiated by petition As serve on May 17, Virginia, a for in possession result of the years in the five 2004, the of a conviction(s) , Virginia penal system.1 The matter was referred to a United pursuant to the provisions of 28 U.S.C. 72 of the Rules of the United States § States 636<b){l){B) District 2009. his report recommending By copy of the report, written objections Magistrate Judge. and the time for 1 to the dismissal findings filing same has Petitioner was habeas the (C) for and Rule the Eastern The Magistrate Judge petition on March 23, each party was advised of his right to file The Court has still qualifies for supervised release. of and Court District of Virginia for report and recommendation. filed Magistrate Judge and recommendations received no objections to made the the report, expired. released from custody on October 21, review, by since he is under a two-year 2008, period but of Dockets.Justia.com The Court does hereby accept the findings and recommendations set forth in Therefore, the report of the United States Magistrate Judge. it is ORDERED that the petition be DENIED and DISMISSED on the 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 issue a S.Ct. 1029, of the certificate 1039 Federal of Granby the failed to demonstrate of the denial of a constitutional right." to Rule 22(b) 600 Rules Street, date "a of entry substantial Therefore, the Court, of Appellate Procedure, appealability. See Miller-El v. Norfolk, of such showing pursuant declines Cockrell, to 123 (2003) . The Clerk shall mail a copy of this Final Order to petitioner and to counsel of record for respondent. Mark S.Davis United States District Judge UNITED Norfolk, A y r>* 1 Virginia aft 2009 STATES DISTRICT JUDGE

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