Harrison v. Johnson

Filing 14

FINAL ORDER adopting the findings and recommendations set forth in 13 Report and Recommendations; granting 7 Motion to Dismiss filed by Respondent; denying and dismissing the petition; ordering judgment be entered in favor of Respondent; noting appeal procedures; declining to issue any certificate of appealability. Signed by District Judge Jerome B. Friedman and filed on 8/31/09; Copy ECF to counsel and mailed to Petitioner on 9/1/09. (kgri)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRG VIA
Norfolk Division

FILED
AUG 3 1 2003
CLERK U.S. DISTRICT COURT
NORFOLK VA_

THOMAS STEVEN HARRISON, JR., #352171,
Petitioner,

v. GENE M. JOHNSON, Director of the Virginia Department of Corrections, Respondent. FINAL ORDER

ACTIONNO.2:09cvl8

Petitioner, a Virginia inmate proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his November 14,2005 convictions by the Circuit Court for the City of Virginia Beach for distribution of cocaine and distribution of cocaine on school

property. Harrison was sentenced to nine years and three years respectively, and the sentences were
to run concurrently.

The petition was referred to a United States Magistrate Judge pursuant to the provisions of

28 U.S.C. § 636(b)(l)(B) and (C) and Local Civil Rule 72 of the Rules of the United States District Court for the Eastern District of Virginia for report and recommendation. The Magistrate Judge's
Report and Recommendation filed August 5,2009, recommends dismissal of the petition as barred

by the statute of limitations. The Court has received no objections to the Report and Recommenda
tion and the time for filing objections has expired.

The Court does hereby accept the findings and recommendations set forth in the Report and

Recommendation filed August 5,2009, and it is therefore ORDERED that Respondent's Motion to

Dismiss be GRANTED, and that the petition be DENIED and DISMISSED. It is further ORDERED
that judgment be entered in favor of Respondent.

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 of the denial of a constitutional

right," therefore, the Court declines to issue any certificate of appealability pursuant to Rule 22(b)
of the Federal Rules of Appellate Procedure. See Miller-El v. Cockrell. 123 S.Ct. 1029, 1039
(2003).

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

B, Friedman

Norfolk, Virginia August 3 1,2009