Brown v. Clarke, No. 2:2012cv00117 - Document 14 (E.D. Va. 2012)

Court Description: ORDER ADOPTING REPORT AND RECOMMENDATIONS for 5 Motion to Dismiss filed by Harold Clarke, 12 Report and Recommendations. The court does hereby adopt the findings and recommendations set forth in the Report and Recommendation filed November 16, 2 012, and it is therefore ORDERED that respondent's Motion to Dismiss be GRANTED, and that the petition be DENIED and DISMISSED with prejudice. It is further ORDERED that judgment be entered in favor of respondent. Signed by District Judge Rebecca Beach Smith on 12/20/2012; filed and copies distributed 12/21/2012. (bnew)

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Brown v. Clarke Doc. 14 UNITED FOR THE STATES DISTRICT EASTERN DISTRICT OF FILED COURT VIRGIN :a Norfolk Division DOUGLAS MICHAEL BROWN, JR., CLERK, US DISTRICT COURT #1006008, NORFOLK, VA Petitioner, Civil v. HAROLD Action No. 2:12cvll7 CLARKE, Director Virginia Department Of Corrections, Respondent. FINAL This matter was ORDER initiated by petition for a writ corpus under 28 U.S.C. § 2254. of habeas The petition alleges violation of petitioner's constitutional rights pertaining to his conviction of grand larceny in the Circuit Court of Colonial Heights, as a result of which he was sentenced to serve 20 years in prison. The petition was referred to a United States Magistrate Judge for report and recommendation pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and (C) and Local Civil Rule 72 of the Rules of District the United Virginia. November States Court for the Eastern District of The Magistrate Judge's Report and Recommendation filed 16, prejudice. 2012 recommends dismissal Each party was advised of objections to the Magistrate Judge. findings On and December of his the right petition to file written recommendations 3, 2012, the with made court by the received Dockets.Justia.com petitioner's Objections to the Report and Recommendation. respondent filed no reply to the Objections, The and the time for responding has now expired. The court does hereby adopt the findings and recommendations set forth in the Report and Recommendation filed November 16, 2012, and it is therefore ORDERED that respondent's Motion to Dismiss be GRANTED, and prejudice. that the petition be DENIED and DISMISSED with It is further ORDERED that judgment be entered in favor of respondent. 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 Courthouse, 600 Granby Street, Norfolk, Virginia 23510, within thirty (30) days from the date of entry of such judgment. 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) of the Federal Rules of Appellate Procedure. v. Cockrell, 123 S.Ct. 1029, See Miller-El 1039 (2003). The Clerk shall mail a copy of this Final Order to petitioner and to counsel of record for respondent. JtsL Rebecca Beach Smith Chief United States District Judge ^. -£§>- REBECCA BEACH SMITH CHIEF UNITED STATES Norfolk, Virginia ft*C£i«NteRQB. , 2012 DISTRICT JUDGE

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