Alston v. Johnson

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 4 Motion to Dismiss filed by Gene M. Johnson, 9 Report and Recommendations. The Court ADOPTS AND APPROVES the findings and recommendations set forth in the report of the U.S. Magistrate Judge filed o n 6/18/10. It is ORDERED that the petition be DENIED AND DISMISSED as Petitioner's claims are barred by the statute of limitations. It is ORDERED that Respondent's Motion to Dismiss be GRANTED. It is further ORDERED that judgment be enter ed in favor of Respondent. The Court, pursuant to Rule 22(b) of the F.R.A.P., declines to issue a certificate of appealability. Appeals procedures noted. Signed by District Judge Rebecca Beach Smith and filed on 7/14/10; Copy ECF to counsel and mailed to plaintiff on 7/14/10. (kgri)

Alston v. Johnson

Doc. 10

FILED
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIJ Norfolk Division

JUL 1 4 2010
CLERK. U.S. DISTRICT COURT
NORrOI.K VA

JIMMIE LORENZA ALSTON,

NO.

394667,

Petitioner,
V.

CIVIL ACTION NO.

2:10cv27

GENE M.

Virginia Department of Corrections,
Respondent.

JOHNSON,

Director of

the

FINAL ORDER

This matter was

initiated by petition for a writ of habeas

corpus under 28 U.S.C.
federal rights

§ 2254.
to

The petition alleges violation of
Petitioner's convictions, in the

pertaining

Chesapeake Circuit Court,

for abduction,

as a result of which he
years, with seven (7)

was sentenced to serve a total of ten
years suspended,

(10)

in the Virginia penal system.

The matter was referred to a United States Magistrate Judge pursuant to the provisions of 28 U.S.C. § 636{b)(l){B) and (C) ,

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 magistrate judge was filed on June 18, 2010,

The report of recommending
each party was

dismissal of the petition.

By copy of the 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

Dockets.Justia.com

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 June 18,
is, therefore,

2010,

and it

ORDERED that the petition be DENIED AND DISMISSED as

Petitioner's

claims

are

barred

by

the

statute

of

limitations.
report, No. 4) it be

Adopting the recommendations is ORDERED that
is

in the magistrate Motion to

judge's {Doc.

Respondent's

Dismiss

GRANTED.
of

It

further ORDERED that

judgment be entered in favor

Respondent.

Petitioner may appeal this final order by filing

from a

the

judgment notice

entered pursuant of appeal with

to the

written

Clerk of

this

Court,

United States

Courthouse,

600 Granby Street,

Norfolk, entry of

Virginia 23510, such judgment.

within thirty

(30)

days

from the date of demonstrate "a 28

Petitioner has the denial

failed to

substantial
U.S.C. §

showing of

of a constitutional right."

2253(c)(2).

Therefore,

the Court,

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. /s/

Rebecca Beach Smith United States District Judge
UNITED STATES DISTRICT JUDGE

Norfolk,

July \*j , 2010

Virginia