Brown v. Fleming, No. 3:2015cv00510 - Document 26 (E.D. Va. 2016)

Court Description: MEMORANDUM OPINION. See for complete details. Signed by District Judge Robert E. Payne on 07/11/2016. Clerk mailed copy to pro se Petitioner. (nbrow)

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Brown v. Fleming Doc. 26 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CLERK, U.S. DISTRICT COURT RICHMOND, VA JAMES HENRY BROWN, Petitioner, v. Civil Action No. 3:15CV510 LESLIE J. FLEMING, Respondent MEMORANDUM OPINION James submitted No. 1) Henry a 28 Brown, U.S.C. a § Virginia 2254 inmate petition proceeding ("§ 2254 pro se, Petition," ECF challenging his 2012 convictions in the Circuit Court of Fairfax County On May 31, (hereinafter "Circuit Court") . 2016, the Magistrate Judge recommended that the Motion to Dismiss be granted, Brown's claims be dismissed, denied. The Court advised Brown that he could file objections within fourteen Recommendation. ( 14) days after the recommendation has responsibility to make a court." 1993) Estrada entry of the Report and Brown has not responded. "The magistrate makes only a The and the § 2254 Petition be v. (citing Mathews no final Witkowski, v. Weber, recommendation to this court. weight, presumptive and the determination remains with this 816 423 F. Supp. U.S. 261, 408, 410 270-71 (D.S.C. (1976)). This Court "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations Dockets.Justia.com to which filing objection of district is objections judge to to focus a u.s.c. 28 made." magistrate's report attention on those enables issues-factual legal-that are at the heart of the parties' dispute." Arn, 4 7 4 U. S . written 14 0 , 14 7 this objection, ( 19 8 5 ) . Court adopt a v. Colonial Life Accident & Ins. Co., 416 and specific magistrate recommendation without conducting a de nova review. the Thomas v. In the absence of a may "The 636(b) (1). § judge's See Diamond F.3d 310, 316 (4th Cir. 2005). There being no objections, and the Court having determined that the Report and Recommendation is correct on its merits, the Report and Motion to Recommendation will Dismiss (ECF No. 16) Petition will be denied. The Clerk is be accepted will be and adopted. The granted. The § 2254 The action will be dismissed. directed to send a copy of this Memorandum Opinion to Brown and counsel of record. It is so ORDERED. /s/ /C.U' Robert E. Payne Senior United States District Judge Richmond, Virginia Date: July 11, 2016 2

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