Allison v. Clarke, No. 2:2015cv00144 - Document 34 (E.D. Va. 2016)

Court Description: FINAL ORDER. It is ORDERED the Court does hereby ADOPT and APPROVE the findings and recommendations set forth in the 29 Report and Recommendations. It is ORDERED that Respondent's 19 Motion to Dismiss be GRANTED and that the 1 Petition fo r Writ of Habeas Corpus be DENIED and DISMISSED WITH PREJUDICE. It is further ORDERED that judgment be entered in favor of the Respondent. Signed by Chief District Judge Rebecca Beach Smith on 8/31/2016. Copies mailed 9/1/2016. (jmey, ) (Main Document 34 replaced on 9/1/2016) (jmey, ).

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Allison v. Clarke Doc. 34 FILED UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIeA SEP Norfolk Division JOHN P. ALLISON# 1 2016 CLERK US DiSTHlCT COURT NORFOLK. VA Petitioner, V. ACTION NO. HAROLD W. CLARKE, 2:15cvl44 Director, Virginia Department of Corrections, Respondent. FINAL ORDER Before the Court is a Petition for a filed pursuant to 28 U.S.C. to Dismiss the Petition. alleges violations of § 2254 and the Respondent's Motion In his Petition, his Writ of Habeas Corpus constitutional the pro se Petitioner rights pertaining to his conviction in the Chesapeake Circuit Court for Assault and Battery, which resulted in a twelve month sentence with eleven months suspended. The Petition Magistrate Judge 72 of the Rules of § 636(b)(1)(B) the Petition. On to a United filed June June 20, and (C) States and Local Civil United States D i s t r i c t Court Eastern District of Virginia. Recommendation referred for report and recommendation pursuant to the provisions of 28 U.S.C. Rule was 3, for the The Magistrate Judge's Report and 2016, 2016, recommends the dismissal Petitioner objections to the Report and Recommendation. timely of the filed The Respondent has Dockets.Justia.com not responded to the Petitioner's objections and the time to do so has expired. The Court, having reviewed the record and examined the objections filed by Petitioner to the Report and Recommendation, and having made ^ objected to, novo findings with respect to the portions does hereby ADOPT and APPROVE the findings and recommendations set forth in the Report and Recommendation filed June 3, Motion 2016. to It is, Dismiss, therefore, ECF No. ORDERED that the Respondent's 19, be GRANTED, and that Petition, ECF No. 1, be DENIED and DISMISSED WITH PREJUDICE. is further ORDERED that judgment be entered in favor of the It the Respondent. The pursuant Petitioner to this may Final appeal from the Order by filing a judgment entered 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. The Petitioner has failed to demonstrate a substantial showing of the denial of a constitutional right, and therefore, the Court pursuant Procedure. (2003) . declines to Rule See to issue 22(b) Miller-El of v. any certificate the Federal Cockrell, of Rules 537 U.S. appealability of Appellate 322, 335-36 The Clerk shall forward a copy of this Final Order to i Petitioner and to counsel of record for| the Respondent. It is so ORDERED. tsl Rebecca Beach Smith ChiefJudge REBECCA BEACH SMITH CHIEF UNITED STATES DISTRICT JUDGE 2016

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