Langley v. Director, Dept. of Correction

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS, granting 18 Motion to Seal filed by Director, Dept. of Correction, granting 11 Motion to Dismiss filed by Director, Dept. of Correction, for 23 Report and Recommendations, ordering that the petition be denied and dismissed as the petition was not timely filed and is barred by the statute of limitations and entering judgment in favor of the respondent; noting appeal procedures and declining to issue a certificate of appealabililty. Signed by District Judge Raymond A. Jackson on 6/15/10 and filed on 6/16/10. Copy mailed as directed on 6/16/10. (jcow, )

FILED
UNITED FOR THE STATES DISTRICT COURT EASTERN DISTRICT OF VIRGIN :a

Norfolk Division STEVEN ANTHONY LANGLEY, #367023,

JUN 1 6 2010
CLERK, U.S. DISTRICT COURT
NORFOLK. VA

Petitioner,

v.

Case No.

2:09cv436

DIRECTOR,

Department of Corrections,
Respondent.

FINAL

ORDER

This

matter was

initiated by petition § 2254. to of

for

a

writ

of

habeas

corpus under 28 U.S.C. federal 2006, one rights

The petition alleges violations of Petitioner's conviction on May 11, for

pertaining

in the Circuit Court

the City of Norfolk,

Virginia,

(1)

count of second degree murder,

as a result of which he was
years, with eighteen (18)

sentenced to serve a total of forty years and five (5) months suspended, referred to of

(40)

in the Virginia penal system. States Magistrate Judge § 636{b)(l)(B) and (C) ,

The matter was pursuant to

a United U.S.C.

the provisions

28

Rule 72(b)

of

the Federal Rules of Civil

Procedure,

and Rule 72 of

the

Rules

of

the

United

States

District

Court

for

the

Eastern

District of Virginia for report and recommendation.

The report of

the

magistrate
of

judge

was

filed

on

May
the

28,

2010,

recommending
each party was

dismissal

the petition.

By copy of

report,

advised of his right to file written objections to the findings and

recommendations made by the magistrate judge.
no response from either party.

The Court received

The Court,

having reviewed the record,

does hereby ADOPT AND

APPROVE the findings and recommendations set forth in the report of

the United States Magistrate Judge filed on May 28,
is, therefore,

2010,

and it

ORDERED that the petition be DENIED AND DISMISSED as

the petition was not timely filed and is barred by the statute of limitations.
judge's report,
(Doc. No. 11)

Adopting

the

recommendations

in

the

magistrate

it is ORDERED that Respondent's Motion to Dismiss
and Respondent's Motion to Seal Pursuant

be GRANTED;

to

Local

Civil
that

Rule

5

(Doc.

No.

18)

be

GRANTED.

It

is

further

ORDERED

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 Norfolk, entry of

this Court,

United States Courthouse, within thirty (30)

600 Granby Street, from the date of to demonstrate "a

Virginia 23510, such judgment.

days

Petitioner has

failed

substantial
U.S.C. §

showing of the denial of a constitutional right."
Therefore, the Court,

28

2253(c){2).

pursuant to Rule 22 (b)

of

the Federal Rules

of Appellate Procedure,

declines

to

issue a
537 U.S.

certificate of appealability.
322, 335-36 (2003) .

See Miller-El v.

Cockrell.

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

Raymond A.Niackson
UNITED

United States District Judge
STATES DISTRICT JUDGE

Norfolk, June U ,

Virginia 2010