Walker v. Johnson, No. 2:2009cv00607 - Document 12 (E.D. Va. 2010)

Court Description: ORDER ADOPTING REPORT AND RECOMMENDATIONS for 7 Motion to Dismiss filed by Gene M. Johnson 11 Report and Recommendations. The Court ADOPTS AND APPROVES the findings and recommendations set forth in the report of the US Magistrate Judge filed on 6/3/10 and it is ORDERED that the petition be DENIED AND DISMISSED as Petitioner's claims are barred by the statute of limitations. Adopting the recommendations in the magistrate judge's report, it is ORDERED that Respondent's 7 Mot ion to Dismiss be GRANTED. It is further ORDERED that judgment be entered in favor of Respondent. Appeal procedures noted. Signed by District Judge Rebecca Beach Smith and filed on 6/23/10; Copies ECF to counsel and mailed to petitioner on 6/23/10. (kgri)

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Walker v. Johnson Doc. 12 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division ROOSEVELT WALKER, III, Petitioner, CASE NO. v. 2:09cv607 GENE M. JOHNSON, Director of the Virginia Department of Corrections Respondent. FINAL ORDER This matter was initiated by petition for a writ of habeas corpus under 28 U.S.C. § 2254. The petition alleges violations of federal rights pertaining to Petitioner's conviction on February 18, 2005, in the Norfolk Circuit Court, Virginia, for one (1) count of conspiracy to distribute cocaine, sentenced to serve a total of forty penal as a result of which he was (40) years in the Virginia system. The matter was referred to a United States Magistrate Judge pursuant to the provisions of 28 U.S.C. § 636 (b) (1MB) and (C) , Rule 72(b) of the Federal Rules of Civil Procedure, and Rule 72 of the Rules of the United States District Court for District of Virginia for report and recommendation. the magistrate judge was dismissal of the petition. filed on June 3, 2010, By copy of the report, the Eastern The report of recommending each party was advised of his right to file written objections to the findings and Dockets.Justia.com recommendations made by the magistrate judge. no response The Court received from either party. The Court, 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 June 3, is, 2010, and it therefore, ORDERED that the petition be DENIED AND DISMISSED as Petitioner's claims are barred by the statute of limitations. Adopting the recommendations in the magistrate judge's report, it is ORDERED be GRANTED. that Respondent's Motion to Dismiss (Doc. No. 7) It is further ORDERED that judgment be entered in favor of Respondent. Petitioner may appeal this final from the judgment entered pursuant to order by filing a written notice of Clerk of this Court, United States Courthouse, appeal with the 600 Granby Street, Norfolk, Virginia 23510, within thirty (30) days from the date of entry of such judgment. Petitioner has failed to demonstrate substantial showing of the denial of a constitutional right." U.S.C. § 2253(c) (2). Therefore, 322, 335-36 (2003) . 28 the Court, pursuant to Rule 22 (b) of the Federal Rules of Appellate Procedure, certificate of appeal ability. "a declines to issue a fi*»*> Miller-El v. Cockrell, 537 U.S. 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, Virginia June J[3 , 2010 STATES DISTRICT JUDGE

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