McEvily v. Johnson, No. 2:2008cv00520 - Document 15 (E.D. Va. 2009)

Court Description: FINAL ORDER accepting findings and recommendations set forth in 12 Report and Recommendation; denying and dismissing petition on basis that petitioner's claim is moot; directing that judgment be entered in respondent's favor; noting appeal procedures; declining to issue certificate of appealability. Signed by District Judge Henry C. Morgan, Jr on 7/18/09; filed 7/27/09. Copy mailed to petitioner, ECF to counsel, 7/27/09.(mwin, )

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McEvily v. Johnson Doc. 15 FILED UNITED FOR THE STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA JUL 2 7 Norfolk Division MICHAEL MCEVILY, CLERK, U.S. DISTRICT COUF T #339637 NORFOLK VA Petitioner, v. 2:08CV520 GENE M. JOHNSON, Director of the Virginia Department of Corrections, Respondent. FINAL This matter was corpus under 28 U.S.C. ORDER initiated § 2254. by petition for a writ of habeas The petition alleges violation of federal rights pertaining to the calculation of petitioner's release date related to his multiple convictions between Circuit Court of Fairfax County, The pursuant 72 of to the matter was Rules of the to a of 28 U.S.C. United and December, 2004, in United § States States 636{b)(l)(B) District Court District of Virginia for report and recommendation. Magistrate and <C) for Judge and Rule the Eastern The Magistrate Judge filed his report recommending dismissal of the petition on June 3, By copy written of the report, objections Magistrate Judge. and the time for to each the The Court filing the Virginia. referred the provisions August party findings has was advised and his right recommendations received no same has of objections made to the 2009. to file by the report, expired. The Court does hereby accept the findings and recommendations set forth Therefore, basis that in the report of the United States Magistrate Judge. it is ORDERED that the petition be DENIED and DISMISSED on the petitioner's respondent's claim is MOOT and that judgment be entered in favor. Dockets.Justia.com Petitioner may appeal from the judgment entered pursuant to this Final Order by filing a written notice of appeal with the Clerk of this court, United States Virginia 23510, judgment. Courthouse, 600 Granby Street, Norfolk, within thirty days from the date of entry of such Petitioner has failed to demonstrate "a substantial showing of the denial of a constitutional right." Therefore, the Court, pursuant to Rule 22(b) of the Federal Rules of Appellate Procedure, declines to issue a certificate of appealability. S.Ct. 1029, 1039 See Miller-Fi v r^v^n 123 (2003). The Clerk shall mail a copy of this Final Order to petitioner and to counsel of record for respondent. ?!lnry Coke Morgan, Jr. —Senior United State« nfcfrlrr Tir UNITED STATES DISTRICT Norfolk, Virginia , 2009

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