Ford v. Johnson

Filing 27

FINAL ORDER; the Court does hereby accept the 26 Report and Recommendations; granting 8 Motion to Dismiss; ORDERED that the petition be DENIED and DISMISSED on the basis of petitioner's procedural default in the state courts and on the merits and that judgment be entered in respondent's favor; appeal procedures noted. Signed by District Judge Rebecca Beach Smith and filed on 8/25/09. Copy mailed on 8/26/09 (lhow, )

FILED
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA

Norfolk Division

AUG 2 5 ?^
CLERK. U.S. DISTRICT COURT

RAYMOND ALEXANDER FORD,

JR.,

#355796,

NORFOLK. VA

Petitioner, v. 2:09CV143

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 petitioner's convictions on September 13, the Circuit Court of Fairfax County,
the commission of

2005,

in

Virginia,
As

for use of a firearm in
of the conviction,

a malicious wounding.

a result

petitioner was sentenced to serve twenty-two years in the Virginia penal
system.

The matter was

referred to

a United States Magistrate Judge § 636(b)(l)(B)
Court

pursuant to the provisions of 28 U.S.C.
72 of the Rules of the United States

and
for

(C)
the

and Rule
Eastern

District

District of Virginia for report and recommendation. filed 2009. his report recommending dismissal of the

The Magistrate Judge on August 4,

petition

By copy of the report,
objections to
The

each party was advised of his right to file
findings
has

written

the
Court

and

recommendations
objections to

made
the

by

the

Magistrate Judge.

received no

report,

and the

time

for filing same has expired.

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 of petitioner's procedural default in the state courts and on the
merits and that judgment be entered in respondent's favor.
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, days from 600 the Granby date Street, of entry Norfolk, of such

Virginia judgment.

23510,

within

thirty

Petitioner has failed to demonstrate "a substantial showing
Therefore, the Court, pursuant

of the denial of a constitutional right."

to Rule 22(b)

of the Federal Rules of Appellate Procedure,
appealability. See Miller-El v.

declines to
537

issue a certificate of
U.S. 322, 336 (U.S.

Cockrell,

2003).

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

/s/ Rebecca Beach Smith

United States District Judge
UNITED STATES DISTRICT JUDGE

Norfolk,

Virginia
2009