Robinson v. Clarke et al
Filing
17
FINAL ORDER accepting the findings and recommendations set forth in 16 Report and Recommendations; dismissing the petition without prejudice so that Petitioner may exercise his right to proceed properly in the Virginia state courts; dismissing peti tioner's 14 Motion to Deny Respondent's Request and Motion to Award Confinement Credits; noting appeal procedures; declining to issue any certificate of appealability. Signed by District Judge Robert G. Doumar and filed on 6/5/12. ECF to counsel, copy mailed to petitioner.(mwin, )
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division
FILED
JUN ! 5 2012
CLERK. U.S. DISTRICT COURT
NORfQi K. VA
THOMAS C. ROBINSON, #1174464
Petitioner,
ACTIONNO.2:llcv519
v.
HAROLD W. CLARKE,
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 Petitioner's constitutional rights pertaining to his convictions for
grand larceny. Petitioner was convicted of this crime on April 23, 2011 in the Circuit Court for
the City of Hampton, as a result of which he was sentenced to serve four years and six months in
jail. The petition was referred to a United States Magistrate Judge for report and
recommendation, pursuant to the provisions of 28 U.S.C. § 636(b)(l)(B) and (C) and Local Civil
Rule 72 of the Rules of the United States District Court for the Eastern District of Virginia.
Petitioner did not appeal his convictions to the Supreme Court of Virginia, nor did he file
a petition for writ of habeas corpus with the Supreme Court of Virginia. Pursuant to 28 U.S.C.
§ 2254(b), this Court must decline to reach the merits of the petition until the state courts have
been afforded full opportunity to consider Petitioner's contentions. Accordingly, the Magistrate
Judge's Report and Recommendation, filed May 7, 2012, recommends dismissal of the petition
without prejudice so that Petitioner may exhaust his state remedies. The Report further
recommended that Petitioner's Motion to Deny Respondent's Request and Motion to Award
Confinement Credits (ECF No. 14) be denied as moot and duplicative. The Court has received
no objections to the Report and Recommendation, and the time for filing objections has expired.
The Court does hereby accept the findings and recommendations set forth in the Report
and Recommendation filed on May 7, 2012, and it is therefore ORDERED that the petition be,
and it hereby is, DISMISSED without prejudice so that Petitioner may exercise his right to
proceed properly in the Virginia state courts. See Slavton v. Smith, 404 U.S. 53 (1971). The
Court further adopts the Report's recommendation regarding Petitioner's Motion to Deny
Respondent's Request and Motion to Award Confinement Credits, and it is therefore ORDERED
that that motion be DISMISSED.
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, 600 Granby
Street, Norfolk, Virginia 23510, within 30 days from the date of entry of such judgment.
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) of the Federal Rules of Appellate Procedure. See Miller-El v. Cockrell,
537 U.S. 322,335-36 (2003).
The Clerk shall mail a copy of this Final Order to Petitioner and to counsel of record for
ZsA
Respondent.
Robert G. Doun
Senior United S;
Robert G.
UNITED STATES
Norfolk, Virginia
£
,2012
istrict Judge
^4
^^^^r
'STRICTJUDGE
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