Goffigan v. Clarke
Filing
13
FINAL ORDER accepting the findings and recommendations set forth in 12 Report and Recommendations; denying the petition for a writ of habeas corpus; granting respondent's 8 Motion to Dismiss; dismissing the petition; directing that judgment be entered in favor of respondent; to the extent that the petition is based on Grounds 1 and 2, the petition is dismissed on the merits; to the extent that the petition is based on Ground 3, the petition is dismissed because the claim is non-cognizable in this Court; noting appeal procedures; declining to issue any certificate of appealability. Signed by District Judge Rebecca Beach Smith and filed on 3/27/12. ECF to counsel, copy mailed to petitioner.(mwin, )
UNITED
STATES
DISTRICT
COURT
ASTERN
FOR THE EASTERN DISTRICT 01 VIRGINIA
OP
j:;| f'-T;
Norfolk Division
2 7 2012
JOHN
K.
GOFFIGAN,
#1049041
O ••(■■■.. i.;r-;
Petitioner,
v.
ACTION NO.
HAROLD
W.
2:llcv364
CLARKE,
Director of
Department
the Virginia
of
Corrections,
Respondent.
FINAL
This matter was
initiated by petition
corpus under 28 U.S.C.
Petitioner's
for
commission of
firearm
crimes
of
by a
on
convicted
as
for
of
U.S.C.
the
28
Rules
a
report
of
11,
pertaining
wounding,
2007,
result
ten years
petition
Judge
rights
felon.
§
was
and
of
use
writ
of
in
the
which
a
habeas
was
to
recommendation,
and
States
(C)
a
firearm
was
Court
for
sentenced
pursuant
District
in
convicted of
United
and
convictions
the
and possession of
Circuit
he
his
of
wounding,
Petitioner
referred
United
a
to
in the Virginia penal
636(b)(l)(B)
the
for
The petition alleges violation of
aggravated malicious
active term of
The
malicious
September
Suffolk,
§ 2254.
constitutional
aggravated
ORDER
to
the
a
these
City
serve
an
system.
States
Magistrate
to
provisions
Local
Court
the
Civil
for
Rule
the
72
of
Eastern
District
of
Virginia.
Recommendation,
the
with
to
the
prejudice.
Report
filing objections has
The
Court
recommendations
February 24,
Dismiss
is
set
shall
that
petition
DISMISSED
based
on
on
Ground
it
is
in
Clerk
of
Street,
Order
the
this
the
the
time
for
the
findings
and
and Recommendation filed
that
the petition
the petition
of
Respondent.
on
Grounds
the
is
is DISMISSED and
1
and
extent
2,
the
the
extent
petition
is
the
petition
is
because
the
that
DISMISSED
To
claim
from the
a
judgment entered pursuant
written
United
notice
States
23510,
of
appeal
Courthouse,
within
30
days
with
600
from
the
to
the
Granby
date
of
such judgment.
denial
declines
no
Court.
Virginia
Petitioner has
of
received
and
of
is DENIED and Respondent's Motion to
petition
filing
court,
Norfolk,
entry of
by
Report
To
merits.
Petitioner may appeal
Final
and
dismissal
has
therefore ORDERED
favor
based
is non-cognizable in this
this
Court
accept
Accordingly,
is
3,
Report
recommends
Recommendation,
hereby
corpus
entered
the
Judge's
expired.
and
GRANTED.
2012,
The
forth in the
habeas
judgment
the
and
does
2012,
for a writ of
Magistrate
filed February 24,
petition
objections
The
to
of
issue
failed
a
to
demonstrate
constitutional
any
certificate
2
right,"
of
"a
substantial
therefore,
appealability
showing
the
Court
pursuant
to
Rule
22(b)
Miller-El v.
The
of
the
Federal
Cockrell,
Clerk
shall
Rules
537 U.S.
mail
a
of
322,
Appellate
335-36
copy
of
Procedure.
See
(2003).
this
Final
Order
to
Petitioner and to counsel of record for Respondent.
/S/
Rebecca Beach Smith
_
.
Chief
REBECCA BEACH SMITH
CHIEF UNITED STATES DISTRICT JUDGE
Norfolk,
March
Virginia
5D / 2012
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