Robinson v. Clarke

Filing 13

ORDER adopting and approving the findings and recommendations set forth in 11 Report and Recommendation; granting 7 Motion to Dismiss; denying and dismissing petition with prejudice; noting appeal procedures; declining to issue any certificate of appealability. Signed by District Judge Raymond A. Jackson and filed on 9/18/12. Copy mailed to petitioner.(mwin, )

FILED
UNITED STATES DISTRICT COUR''

FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

SEP 1 8 2012
CLERK, US DISTRICT COURT
NORFOLK, VA

CARLOS R. ROBINSON, #1068876,
Petitioner,
v.

Civil Action No. 2:12cvl89

HAROLD CLARK,

Director, Virginia Department of Corrections,
Respondent.

FINAL ORDER

This matter was initiated by petition for writ ofhabeas corpus pursuant to28 U.S.C. §2254.
The petition alleges violation of federal rights pertaining to Petitioner's convictions in 1992, as a

result ofwhich he was sentenced to serve life imprisonment plus an additional forty-six (46) years.
The matter was referred to a United States Magistrate Judge for report and recommendation
pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and (C) and Rule 72 of the Rules of the

United States District Court for the Eastern District of Virginia. The Report and Recommendation

filed August 10,2012 recommends dismissal ofthe petition. Each party was advised ofhis right to
file written objections to the findings and recommendations made by the Magistrate Judge. On
August 23, 2012 the Court received petitioner's Objections to the Report and Recommendation.

The Respondent filed no response to the objections and the time for responding has now expired.
The Court, having reviewed therecord and examined the objections filed by petitioner tothe
Report and Recommendation, and having made de novo findings with respect to the portions

objected to, does hereby adopt and approve the findings and recommendations set forth in the Report
and Recommendation filed August 10,2012. It is, therefore, ORDERED that Respondent's Motion
to Dismiss be GRANTED and the Petitioner's petition be DENIED and DISMISSED with
prejudice.

Petitioner is hereby notified that he 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 ofthe denial ofa constitutional

right," therefore, the Court declines to issue any certificate ofappealability pursuant to Rule 22(b) of
the Federal Rules ofAppellate 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 counsel of record for
respondent.

RAYMOND A. JACKSON

UNITED STATES DISTRICT JUDGE

Norfolk, Virginia
2012