Alston v. Johnson, No. 2:2010cv00027 - Document 10 (E.D. Va. 2010)

Court Description: ORDER ADOPTING REPORT AND RECOMMENDATIONS for 4 Motion to Dismiss filed by Gene M. Johnson, 9 Report and Recommendations. The Court ADOPTS AND APPROVES the findings and recommendations set forth in the report of the U.S. Magistrate Judge filed o n 6/18/10. It is ORDERED that the petition be DENIED AND DISMISSED as Petitioner's claims are barred by the statute of limitations. It is ORDERED that Respondent's Motion to Dismiss be GRANTED. It is further ORDERED that judgment be enter ed in favor of Respondent. The Court, pursuant to Rule 22(b) of the F.R.A.P., declines to issue a certificate of appealability. Appeals procedures noted. Signed by District Judge Rebecca Beach Smith and filed on 7/14/10; Copy ECF to counsel and mailed to plaintiff on 7/14/10. (kgri)

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Alston v. Johnson Doc. 10 FILED UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIJ JUL 1 4 2010 Norfolk Division JIMMIE LORENZA ALSTON, NO. CLERK. U.S. DISTRICT COURT 394667, NORrOI.K VA Petitioner, CIVIL ACTION NO. V. GENE M. JOHNSON, Director of 2:10cv27 the Virginia Department of Corrections, Respondent. FINAL ORDER This matter was corpus under 28 U.S.C. federal rights initiated by petition for a writ of habeas § 2254. pertaining Chesapeake Circuit Court, to The petition alleges violation of Petitioner's for abduction, was sentenced to serve a total of ten years suspended, convictions, in the as a result of which he (10) years, with seven (7) in the Virginia penal system. 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 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 18, 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 recommendations made by the magistrate judge. no response The Court received from either party. Dockets.Justia.com 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 18, is, therefore, Petitioner's ORDERED GRANTED. claims of that It are barred is by the statute in the magistrate Respondent's Motion further ORDERED that to of limitations. judge's Dismiss {Doc. report, it No. be 4) judgment be entered in favor Respondent. Petitioner may appeal this final order by this Norfolk, Virginia 23510, entry of such substantial U.S.C. § Court, filing Clerk of of and it ORDERED that the petition be DENIED AND DISMISSED as Adopting the recommendations is 2010, showing of the Federal Rules a 335-36 judgment written notice (30) Petitioner has the denial Therefore, of of appeal with to the 600 Granby Street, days from the date of failed to demonstrate of a constitutional right." the Court, Appellate entered pursuant Courthouse, within thirty certificate of appealability. 322, the United States judgment. 2253(c)(2). from "a 28 pursuant to Rule 22 (b) Procedure, declines See Miller-El v. to Cockrell. issue a 537 U.S. (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, Virginia July \*j , 2010 STATES DISTRICT JUDGE

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