Edwards v. Dunlap

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 8 Report and Recommendations, ordering that the petition be denied and dismissed on the basis that the petition is improperly before the court, that it is barred by the statute of limitations and that it is a successive petition; entering judgment in favor of the respondent and noting appeal procedures. Signed by District Judge Robert G. Doumar on 3/3/09 and filed on 3/4/09. Copies mailed as directed: 3/5/09 (jcow, )

UNITED

STATES

DISTRICT

COURT

FILED
MAR -4 ??,;
CLERK, U.S. DISTRICT COURT
NOHf-'OLK VA

FOR THE

EASTERN DISTRICT OF VIRGINIA

Norfolk Division

DALMA

S.

EDWARDS,

Petitioner,
v.

2:08CV306 DUNLAP, United

MEKELLA S.

States

Probation Officer,

United States District Court
Eastern District of Virginia,
Respondent.

FINAL

ORDER

This

matter

was

initiated by petition

for

a

writ

of

habeas

corpus under 28 U.S.C.

§ 2241.

The petition alleges violation of federal

rights

pertaining

to

petitioner's
2003,

supervised

release

related

to

his

convictions on February 10, the Eastern District of

in the United States District Court for Petitioner does not, in this

Virginia.

proceeding,

attack the underlying conviction.

The

matter

was

referred to

a United

States

Magistrate

Judge

pursuant to the provisions of
72 of the Rules of the

28 U.S.C.
States

§

636(b)(1)(B)
Court

and
for

(C)
the

and Rule
Eastern

United

District

District of Virginia for report and recommendation.

The Magistrate Judge

filed his
2009.

report

recommending dismissal

of

the petition on January 13,

By copy of the report,
objections to the

each party was advised of his right to file
findings and recommendations made by the

written

Magistrate Judge.
the time for

The Court has received no objections to the report and
same has expired.

filing

The Court does hereby accept the findings and recommendations set forth in the report of the United States Magistrate Judge.

Therefore,

it is ORDERED that the petition be DENIED and DISMISSED on the

basis that the petition is improperly before the Court,
by the statute of limitations, and that it is a

that it is barred
petition.

successive favor.

Accordingly,

judgment

shall be entered in respondent's from the judgment

Petitioner may appeal this this

entered pursuant

to

Final Order by filing a written notice of appeal with the Clerk of court, United States Courthouse, 600 Granby Street, Norfolk,

Virginia judgment.

23510,

within

sixty

days

from

the

date

of

entry

of

such

Petitioner has

failed to demonstrate

"a substantial

showing

of the denial of a constitutional right."
to Rule issue
S.Ct.

Therefore,

the Court, pursuant
declines to 123

22(b)

of

the

Federal of

Rules of Appellate See

Procedure, v.

a

certificate
1039

appealability.

Miller-El

Cockrell,

1029,

(2003) .

The Clerk shall mail a copy of this Final Order to petitioner
and to counsel of record for respondent.

Senior United itm&B&nct Judge
UNITED STATES DISTRICT JUDGE

Robert G. Doi

Norfolk,
March 3,

Virginia
2009