Fuller v. Clarke

Filing 14

FINAL ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 4 Motion to Dismiss; and the petition be denied and dismissed with prejudice and ordered that judgment be entered in favor of respondent, noting appeal procedures and declining to issue any certificate of appealability. Signed by District Judge Raymond A. Jackson and filed on 12/4/12. Copy mailed as directed on 12/4/12.(jcow, )

FILED
UNITED STATES DISTRICT COUR

FOR THE EASTERN DISTRICT OF VIRGINIA

DEC

4 2013

Norfolk Division

CLERK, US DISTRICT COURT
n:or;-olk, va

BURNITO RICKY FULLER, #1073351,
Petitioner,
CIVIL ACTION NO. 2:12CV272

v.

HAROLD CLARKE, Director,
Virginia Department of Corrections,

Respondent.
FINAL ORDER

This matter was initiated by petition for a writ ofhabeas corpus under 28 U.S.C. § 2254. The

petition alleges violation of petitioner's constitutional rights pertaining to his convictions of
possession ofcocaine with intent to distribute and possession ofcocaine with intent to distribute in a
school zone in December, 2008, in the Arlington County Circuit Court, as a result of which he was
sentenced to serve 22 XA years in prison.

The petition was referred to a United States Magistrate Judge for report and recommendation
pursuant to the provisions of28 U.S.C. § 636(b)(1)(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 November 7, 2012 recommends dismissal of the petition with
prejudice, as barred by the statute of limitations. 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 November 7,2012 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 infavor ofrespondent.

Petitioner may appeal from the judgment entered pursuant to this Final Order by filing a

written notice ofappeal with the Clerk ofthis court, United States Courthouse, 600 Granby Street,
Norfolk, Virginia 23510, within thirty (30) days from the date ofentry ofsuch judgment.
Petitioner has failed to demonstrate "asubstantial showing of the 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 to counsel of record for
respondent.

RAYMOND A. JACKSON
UNITED STATES DISTRICT JUDGE

Norfolk, Virginia

^2012