Reed v. Clarke

Filing 10

FINAL ORDER that the Court does accept the findings and Recommendations filed September 5,2012, and it is ORDERED that respondent's Motionto Dismiss be GRANTED, and that the petition be DENIED and DISMISSED with prejudice. It is further ORDERED that judgment be entered in favor of respondent; noting appeal procedure. Signed by District Judge Mark S. Davis on 10/3/2012 and filed on 10/4/2012. Copy mailed to petitioner.(rsim, )

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

FILED
OCT

4 2012

CLERK, US DISTRICT COURT
NORFOLK, VA

TIANTE LAVONNE REED, #1201321,
Petitioner,

ACTION NO. 2:12CV148

V.

SIR HAROLD W. CLARKE, Director,
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 first-

degree murder, shooting into an occupied vehicle, and use of a firearm in commission of murder on

April 23,2007, in the Circuit Court of the City of Richmond, as a result of which he was sentenced
collectively to serve fifty-three (53) years in prison with twenty-three (23) years suspended, giving
him an active time to serve of thirty (30) years.

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.

The Magistrate Judge's

Report and Recommendation filed September 5, 2012, recommends dismissal of the petition with
prejudice. 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 September 5,2012, and it is therefore ORDERED that respondent's Motion
to Dismiss be GRANTED, and that the petition be DENIED and DISMISSED with prejudice. It is
further ORDERED that 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 this court, United States Courthouse, 600 Granby Street,
Norfolk, Virginia 23510, within thirty (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. 123 S.Ct. 1029,1039(2003).
The Clerk shall mail a copy of this Final Order to petitioner and to counsel of record for
respondent.

/s
MARK S. DAVIS

UNITED STATES DISTRICT JUDGE
Norfolk, Virginia

Oc-Vo W 3>

, 2012