McEvily v. Johnson

Filing 15

FINAL ORDER accepting findings and recommendations set forth in 12 Report and Recommendation; denying and dismissing petition on basis that petitioner's claim is moot; directing that judgment be entered in respondent's favor; noting appeal procedures; declining to issue certificate of appealability. Signed by District Judge Henry C. Morgan, Jr on 7/18/09; filed 7/27/09. Copy mailed to petitioner, ECF to counsel, 7/27/09.(mwin, )

FILED
UNITED FOR THE STATES DISTRICT COURT OF VIRGINIA EASTERN DISTRICT

Norfolk Division

JUL 2 7
CLERK, U.S. DISTRICT COUF T
NORFOLK VA

MICHAEL MCEVILY,

#339637

Petitioner,
v. 2:08CV520

GENE M.

JOHNSON,

Director of the

Virginia Department of Corrections, Respondent.

FINAL

ORDER

This

matter was

initiated

by

petition

for

a

writ

of

habeas

corpus under 28 U.S.C.

§ 2254.

The petition alleges violation of federal

rights pertaining to the calculation of petitioner's release date related to his multiple convictions between August and December, 2004, in the

Circuit Court of Fairfax County, The pursuant 72 of to matter was

Virginia. to a United § States Magistrate and for <C) the Judge

referred

the provisions Rules of the

of 28 U.S.C. States

636{b)(l)(B) Court

and Rule Eastern

the

United

District

District of Virginia for report and recommendation.

The Magistrate Judge 2009.

filed his report recommending dismissal of the petition on June 3,

By

copy

of

the

report,
to

each
the

party

was
and

advised

of

his

right
made the

to
by

file
the

written

objections

findings has

recommendations objections to

Magistrate Judge. and the time for

The Court filing

received no expired.

report,

same has

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

Therefore, basis that

it is ORDERED that the petition be DENIED and DISMISSED on the petitioner's
favor.

claim

is

MOOT

and

that

judgment

be

entered

in

respondent's

Petitioner may appeal from the judgment entered pursuant to

this Final Order by filing a written notice of appeal with the Clerk of this court, United States Courthouse, 600 Granby Street, Norfolk,
Virginia 23510, within thirty days from the date of entry of such

judgment.

Petitioner has failed to demonstrate "a substantial showing
Therefore, the Court, pursuant
See Miller-Fi v r^v^n 123

of the denial of a constitutional right."
issue a certificate of appealability.
S.Ct. 1029, 1039 (2003).

to Rule 22(b) of the Federal Rules of Appellate Procedure, declines to

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

--Senior United State« nfcfrlrr Tir
UNITED STATES DISTRICT Norfolk, Virginia
, 2009

?!lnry Coke Morgan, Jr.