Gatlin v. Johnson, No. 2:2009cv00509 - Document 14 (E.D. Va. 2010)

Court Description: FINAL ORDER adopting and approving the findings and recommendations set forth in 12 Report and Recommendations; denying and dismissing the petition; granting respondent's 4 Motion to Dismiss; declining to issue any certificate of appealability; noting appeal procedures. Signed by District Judge Rebecca Beach Smith and filed on 5/21/10. ECF to counsel, copy mailed to petitioner 5/21/10.(mwin, ) Modified on 5/24/2010 to note copy re-mailed 5/24/10. (mwin, )

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Gatlin v. Johnson Doc. 14 ___ FILED UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA MAY 2 1 2010 Norfolk Division GEORGE JONATHAN GATLIN, CLERK. U.S. DISTRICT COURT #364625 NDHCPLK. VA Petitioner, ACTION NO. GENE M. JOHNSON, 2:09cv509 Director of the Virginia Department of Corrections, Respondent. FINAL ORDER This matter was 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 convictions for voluntary manslaughter and use of a firearm in the commission of a murder on May 11, 2006, in the Circuit Court for the City of Virginia Beach, as a result of which he was sentenced to serve thirteen years in the Virginia penal system. The matter was referred to a United States Magistrate Judge for report U.S.C. § and recommendation pursuant 636(b)(l){B) and (C) and Rule to the provisions 72 of the Rules of of 28 the United States District Court for the Eastern District of Virginia. The Report and Recommendation dismissal of the petition. filed April 16, 2010, recommends Each party was advised of his right to file written objections to the findings and recommendations made by the Magistrate Judge. On April 29, 2010 the Court received Dockets.Justia.com petitioner's Objections to the Report and Recommendation. The respondent filed no response to the objections and the time for responding has now expired. The Court, having reviewed the record and examined the objections filed by petitioner to the Report and Recommendation, and having made objected to, de novo does findings with hereby adopt and respect approve to the the portions findings and recommendations set forth in the Report and Recommendation filed April 16, 2010. It is, DENIED and DISMISSED. Motion to Dismiss therefore, It is ORDERED that further ORDERED the petition be that respondent's is GRANTED. Petitioner has failed to demonstrate "a substantial showing of the denial of a constitutional right," therefore, the Court declines to issue any certificate of appealability pursuant to Rule 22(b) v. of the Federal Rules of Appellate Procedure. Cockrell, 123 S.Ct. Petitioner is 1029, 1039 See Miller-El (2003). hereby notified that he may appeal from the judgment entered pursuant to this Final Order by filing a written notice of Courthouse, thirty (30) appeal 600 with Granby the Clerk Street, of this Norfolk, court, Virginia United States 23510, within days from the date of entry of such judgment. The Clerk shall mail a copy of this Final Order to petitioner and counsel of record for respondent. /s/ Rebecca Beach Smith United Stateg/Bfetrict REBECCA BEACH SMITH UNITED STATES DISTRICT JUDGE Norfolk, ~A' Virginia ?\ 2010

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