Parker v. Johnson
FINAL ORDER ADOPTING REPORT AND RECOMMENDATIONS for 12 Motion to Dismiss filed by Gene M. Johnson, 15 Report and Recommendations; Ordering that the petition be Denied and Dismissed on the basis of petitioner's procedural defaults in the stat e system and on the merits and that judgment be entered in respondent's favor; noting appeal procedures and declining to issue a certificate of appealability. Signed by District Judge Robert G. Doumar and filed on 4/29/09. Copy mailed 4/30/09.(lwoo)
UNITED FOR THE STATES DISTRICT OF COURT VIRGINIA EASTERN DISTRICT
APR 2 9
CLERK. US DISTRICT COURT
Norfolk HOBART M. PARKER, #348528, Petitioner,
corpus under 28 U.S.C.
The petition alleges violation of
Circuit Court of Stafford County, in the second degree,
rape as a principal wounding in the and conspiracy.
commission of a felony as principal in the second degree,
As a result of the convictions, one years in the Virginia penal
petitioner was sentenced to serve eightysystem.
Magistrate Judge and for (C|, the and Rule Eastern
pursuant to the provisions 72 of the Rules of the
28 U.S.C. States
District of Virginia for report and recommendation.
The Magistrate Judge
filed his report recommending dismissal of the petition on March 5,
By copy of the report, each party was advised of his right to
Magistrate Judge. objections to the
The Court received from petitioner on March 16, report and recommendation, and on March 31,
petitioner filed two documents, Recommendation of
the first entitled "Motion to Dismiss the [sic] and Respondent['s] Motion to
and the second entitled
"Objection to Magistrate Judge's Report Motion to Dismiss." The documents
and Recommendation and Respondent['s]
will be considered by the Court
March 16, 2009.
to the objections
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
state system and
Judge's findings and recommendations, in the document filed March 16, 2009,
the objections are without merit, petitioner raises no objections to instead, re-argues
the Magistrate Judge's report and recommendation but the matters presented in his petition.
The document is devoid of support
as originally determined by the Magistrate Judge.
March 31, again, 2009, petitioner essentially presents
In the documents filed
the same arguments, but
there is no substance
to support his claims. from the judgment entered pursuant to
Petitioner may appeal
this Final Order by filing a written notice of appeal with the Clerk of this Court, United States Courthouse, days from 600 the Granby date
Street, of entry
Norfolk, of such
of the denial of a constitutional right." to Rule 22(b) of
the Court, pursuant declines to
the Federal Rules of Appellate Procedure,
The Clerk shall mail a copy of this Final Order to petitioner
and to counsel of record for the respondent.
tales District Judge
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