Blount v. Young

Filing 16

FINAL ORDER ADOPTING 12 REPORT AND RECOMMENDATIONS, that the petition be Denied and Dismissed; further ordering judgment be entered in favor of Respondent; noting appeal procedures and declining to issue a certificate of appealability. Signed by District Judge Rebecca Beach Smith and filed on 5/17/10. Copy mailed 5/18/10.(lwoo)

FILED
UNITED STATES DISTRICT COURT

MAY 1 7 2010

FOR THE

EASTERN DISTRICT OF VIRGINIA

Norfolk Division
FRANK A. BLOUNT, #349592,

CLERK'^DUISTRICT COURT

Petitioner,
v.

CIVIL ACTION NO.
JOHNSON,

2:09cv331

GENE M.

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

Petitioner's constitutional rights pertaining to his convictions on
April 28, 2004 for burglary, robbery and use of a firearm in the

Circuit

Court

of

Stafford

County,

as

a

result

of

which

he

was

sentenced to serve 27 years

in the Virginia penal

system.

The petition was referred to a United States Magistrate Judge
for report and recommendation pursuant to the provisions of 28

U.S.C.
of the

§ 636(b)(1)<B)
United States

and

(C)

and Local Civil Rule 72 of the Rules
Court for the Eastern District of

District

Virginia.
March 18,
2010 to

The Magistrate Judge's Report and Recommendation,
2010, recommends dismissal of the petition.

filed

On April 5,

the petitioner filed a motion for extension of time to respond Report and Recommendations, which the

the Magistrate Judge's

Court

granted

on

April

15,

2010.

On

April

26,

2010,

the

Court

received Petitioner's Objections
The
time

to the Report and Recommendation.
to the objections and the

respondent

filed no

response

for responding has now expired.

The

Court,

having

reviewed

the

record

and

examined

the

objections and having

filed by petitioner made de novo

to the Report with

and Recommendation, to the portions

findings

respect

objected

to,

does
set
It

hereby

adopt

and

approve

the

findings

and

recommendations
March
DENIED

forth in the Report and Recommendation filed
is, therefore,
It is

18,
and

2010.

ORDERED

that

the petition be
judgment be

DISMISSED.

further

ORDERED

that

entered in favor of

Respondent.

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)
v.

of

the Federal Rules of Appellate Procedure.
123 S.Ct. 1029, 1039 (2003).

See Miller-El

Cockrell,

Petitioner

is

hereby

notified

that

he

may

appeal

from

the

judgment entered pursuant to this Final Order by filing a written
notice of appeal
600

with
Granby

the

Clerk

of

this

court,

United
23510,

States
within

Courthouse,

Street,

Norfolk,

Virginia

thirty

(30)

days

from the date of entry of such judgment.

The Clerk shall mail
and counsel of record for

a copy of this Final Order to Petitioner
Respondent.

/s/
REBECCA BEACH SMITH

UNITED

STATES

DISTRICT JUDGE

Norfolk,

flM

V\

Virginia

2010