Hall v. Clarke, No. 3:2016cv00123 - Document 20 (E.D. Va. 2017)

Court Description: MEMORANDUM OPINION. See OPINION for complete details. Signed by District Judge Robert E. Payne on 01/20/2017. Copy of this Memorandum Opinion mailed to Hall as directed.(ccol, )

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Hall v. Clarke Doc. 20 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division t? r KENDINYA HALL, 1 p\ JAN 23 2017 Petitioner, L E CJiRK. U.S. DISTfliCT COURT RICHMOND. VA V. Civil Action No. 3;16CV123 HAROLD CLARKE, Respondent MEMORANDUM OPINION Kendinya submitted a Hall, 28 a U.S.C. Virginia inmate § 2254 petition proceeding ("§ 2254 pro Petition," se, ECF No. 1) challenging his 2011 convictions in the Circuit Court for the City of Magistrate Norfolk, Judge Virginia. recommended On December that the Motion 20, 2016, the to Dismiss be granted, Hall's claims be dismissed, and the § 2254 Petition be denied as barred by the applicable statute of limitations. The Court advised Hall that he could file objections within fourteen (14) days after the entry of the Report and Recommendation. Hall has not responded. "The magistrate makes only a recommendation to this court. The recommendation has no presumptive weight, and the responsibility to make a final determination remains with this court." 1993) Estrada v. Witkowski, {citing Mathews v. Weber, 816 F. Supp. 423 U.S. 261, 408, 410 270-71 {D.S.C. {1976}). This Court "shall make a de novo determination of those portions Dockets.Justia.com of the report or specified proposed findings or recommendations to which filing objection of district is objections judge to made." to focus 28 a U.S.C. § magistrate's 636(b)(1). report attention on those enables 474 written U.S. 140, objection, 147 (1985). this Court a magistrate recommendation without conducting a de novo review. V. Colonial Cir. Life & Accident Thomas v. In the absence of a may adopt Ins. Co., 416 the issues—factual and legal—that are at the heart of the parties' dispute." Arn, "The F.3d specific judge's See Diamond 310, 316 (4th 2005). There being no objections, and the Court having determined that the Report and Recommendation is correct on its merits, the Report and Recommendation adopted. (ECF No. The Motion to Dismiss Hall's § 2254 claims and the Petition action (ECF will No. be 19) will be (ECF No. 13) 1) will dismissed. accepted and will be granted. be denied. A Hall's certificate of appealability will be denied. The Clerk is directed to send a copy of this Memorandum Opinion to Hall and counsel of record. It is so ORDERED. /s/ Robert E. Payne Senior United States District Judge Richmond, Virginia 2

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