Allison v. Clarke, No. 2:2015cv00273 - Document 21 (E.D. Va. 2016)

Court Description: FINAL ORDER. The Court does hereby ADOPT and APPROVE the findings and recommendations set forth in the 19 Report and Recommendation filed February 29, 2016. It is therefore, ORDERED that Respondents 13 Motion to Dismiss, be GRANTED, and that the 1 Petition 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 5/27/2016. Copies mailed 5/27/2016. (jmey, )

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Allison v. Clarke Doc. 21 UNITED FOR THE STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Norfolk Division JOHN P. ALLISON, Petitioner, v. ACTION NO. HAROLD W. CLARKE, 2:15cv273 Director, Virginia Department of Corrections, Respondent. FINAL ORDER Before the Court is a Petition for a Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254, ECF Respondent's Motion to Dismiss the Petition, Petition, the pro se constitutional rights Petitioner in relation alleges No. 1, ECF No. and 13. violations to his probation the In his of his revocation hearing in the Circuit Court for the City of Virginia Beach on March 13, 2013, whereat the court revoked Petitioner's suspended sentences for his 1995 and 2003 convictions for four counts of grand larceny and one count of attempted malicious wounding. Commonwealth CR94002874-03, v. Allison, CR94002874-04 Nos. {Va. CR94002874-01, Cir. Ct. CR94002874-02. Jan. court sentenced Petitioner to eighteen years 4, 1995). The in the Virginia state penitentiary, but suspended nine of those years. Id. The Petition was referred to a United States Magistrate Judge for report and recommendation pursuant to the provisions Dockets.Justia.com of the 28 U.S.C. Rules District of of § 636(b)(1)(B) the United and (C) and Local States District The Magistrate Virginia. Recommendation filed on February 29, of the Petition with prejudice. the Petitioner timely filed ECF No. 20. Recommendation. Court for 72 of Eastern Report and recommends dismissal 19. objections Rule the Judge's 2016, ECF No. Civil On March 14, 2 016, to the Report and The Respondent did not respond 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, de does novo findings hereby ADOPT with respect and APPROVE to the the portions findings and recommendations set forth in the Report and Recommendation filed February 29, 2016. It is, therefore, ORDERED that Respondent's Motion to Dismiss, ECF No. 13, be GRANTED, the Petition, It is ECF No. 1, the and that be DENIED and DISMISSED WITH PREJUDICE. further ORDERED that judgment be entered in favor of the Respondent. The pursuant Petitioner to this may Final appeal with the Clerk of appeal Order by from filing this court, 600 Granby Street, Norfolk, the a judgment written entered notice of United States Courthouse, Virginia 23510, within thirty days from the date of entry of such judgment. (30) The Petitioner has failed to demonstrate showing of the denial of a constitutional right, the Court pursuant declines to Procedure. Rule See to issue 22(b) any the of Miller-El v. certificate Federal Cockrell, a and therefore, of Rules 537 substantial U.S. appealability of Appellate 322, 335-36 (2003) . The Clerk shall mail a copy of this Final Order to Petitioner and to counsel of record for the Respondent. It is so ORDERED. Isl Rebecca Beach Smith ChfefJudge REBECCA BEACH —££&. SMITH CHIEF UNITED STATES DISTRICT JUDGE «n 9f) , 2016

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