Dozier v. Johnson, etc., No. 2:2008cv00570 - Document 13 (E.D. Va. 2009)

Court Description: FINAL ORDER adopting and approving findings and recommendations set forth in 11 Report and Recommendations of the U.S. Magistrate Judge; denying and dismissing the petition as the claims are without merit; directing that judgment be entered in favor of respondent; noting appeal procedures; declining to issue certificate of appealability. Signed by District Judge Rebecca Beach Smith and filed on 5/13/09. Copy mailed to petitioner, ECF to counsel, 5/14/09.(mwin, )

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Dozier v. Johnson, etc. Doc. 13 FILED UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA h/.v IV; AI 1 \ 3 3 ^™ / , „. Norfolk Division MOLICKI RAESHAWN DOZIER, CLERK. U.S. DISTRICT COURT #367126, NORFOLK. VA Petitioner, CIVIL ACTION NO. V. 2:08cv570 GENE M. JOHNSON, Director of the Virginia Department of Corrections, Respondent. FINAL This matter was ORDER initiated by petition corpus under 28 U.S.C. § 2254. for a writ of habeas The petition alleges violation of federal rights pertaining to Petitioner's conviction on July 19, 2006, in the Circuit Court of the City of Virginia Beach, Virginia, for possession of a firearm by a convicted felon, which he was sentenced imprisonment with three to {3) serve a total of as a result of five (5) years years of post-release supervision. The matter was referred to a United States Magistrate Judge pursuant to the provisions of 28 U.S.C. § 636(b)(l){B) and (C) , Rule 72(b) of the Federal Rules of Civil Procedure and Rule 72 of the of Rules the United States District Court for District of Virginia for report and recommendation. the Magistrate Petitioner's Judge motion for was an dismissal of the petition. filed on April 14, evidentiary hearing Eastern The report of 2009, and By copy of the report, the denying recommending each party was advised of his right to file written objections to the findings and recommendations made by the magistrate judge. The Court received Dockets.Justia.com no response from Petitioner The Court, or Respondent. having reviewed the record, does hereby ADOPT AND APPROVE the findings and recommendations set forth in the report of the United States Magistrate Judge filed on April 14, is, therefore, final order appeal by this Court, Norfolk, Virginia 23510, entry of such judgment. Therefore, of showing the Court, Appellate appealability. further ORDERED that judgment a the judgment written entered pursuant notice of United States Courthouse, of within thirty (30) Petitioner has the denial pursuant Procedure, See from filing Clerk of substantial It is favor of Respondent. Petitioner may this and it ORDERED that the petition be DENIED AND DISMISSED as the claims are without merit. be entered in 2009, failed a v. to with from the date of to demonstrate constitutional of issue Cockrell, the 600 Granby Street, days to Rule 22(b) declines Miller-El of appeal to 537 "a right." the Federal Rules a certificate U.S. 322, of 335-36 (2003). The Clerk shall mail a copy of this Final Order to Petitioner and to counsel of record for Respondent. /s/ Rebecca Beach Smith United States District Judge UNITED Norfolk, May Virginia \3 / 2009 STATES DISTRICT JUDGE

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