Jennings v. Booker, No. 3:2018cv00553 - Document 21 (E.D. Va. 2019)

Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 09/26/2019. Copy mailed to Petitioner. (walk, )

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Jennings v. Booker Doc. 21 mz IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA SEP 2 6 2019 Richmond Division a CLERK, U.S. DISTRICT COURT ESTES JENNINGS, RICHMONn VA ) Petitioner, Civil Action No. 3:18CV553-HEH V. BERNARD BOOKER, Respondent. MEMORANDUM OPINION (Adopting Report and Recommendation and Dismissing Action) Estes Jennings, a Virginia inmate proceeding pro se, filed this petition for habeas corpus under 28 U.S.C. §2254 ("§ 2254 Petition," EOF No. 1).' On August 30, 2019, the Magistrate Judge issued a Report and Recommendation (EOF No. 17) recommending that Respondent's Motion toDismiss be granted. Jennings has submitted Objections. (ECF 19.) For the reason set forth below, Jennings's Objections will be overruled and the Report and Recommendation will beaccepted and adopted. I. THE REPORT AND RECOMMENDATION The Magistrate Judge made the following findings and recommendations: A. Jennings's Claims Jennings contends that he is entitled to reliefupon the following grounds: Claim 1 "The trial court abused its discretion in denying [Jennings's] motion for expert funds." (§ 2254 Pet. 5.)^ ' Jennings challenges his convictions for carjacking, wearing a mask in public, assault and battery, and grand larceny in the Spotsylvania County Circuit Court ("Circuit Court"). ^The Court employs the pagination assigned bythe CM/ECF docketing system for the citations to the parties' submissions. The Court corrects the capitalization, punctuation, spelling, and emphasis in quotations from the parties' submissions. Dockets.Justia.com

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