Ofori v. Director of VA Department of Corrections

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 15 Report and Recommendations, 10 Motion to Dismiss filed by Harold W. Clarke. The court, having reviewed the record and examined the objections filed by petitioner to the 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 November 9, 2012. It is, therefore, ORDERED that Respondent's Motion to Dismiss be GRANTED and the Petitioner's petition be DENIED and DISMISSED with prejudice. Signed by District Judge Rebecca Beach Smith and filed on 12/20/2012; copies distributed on 12/21/2012. (bnew)

UNITED
FOR

THE

STATES

DISTRICT

EASTERN DISTRICT

OF

FILED

COURT

VIRGINIA

DEC 2 0 2012

Norfolk Division

CLERK, US DISTRICT COURT
TERRY OFORI,

NORFOLK. VA

#1165768,
Petitioner,
Civil

v.

HAROLD

W.

Action No.

2:12cv290

CLARK,

Director, Virginia Department of Corrections,
Respondent.

FINAL

This
corpus

matter

pursuant

was
to

28

initiated
U.S.C.

ORDER

by

petition

§ 2254.

sentence for two counts of rape,

for

While

of

serving a

habeas
30-year

Petitioner was convicted by the

Circuit Court of Fairfax County on October 26,

sentenced to one year in prison.

writ

2000 of escape and

His present petition challenges

his guilty plea and conviction.
The matter was referred to a United States Magistrate Judge
for

report

U.S.C.

and

recommendation pursuant

§ 636(b)(1)(B)

and

(C)

and

Rule

to

the

provisions

72

of

the

Rules

of
of

28
the

United States District Court for the Eastern District of Virginia.
The Report and Recommendation filed November 9, 2012
dismissal of the petition.

recommends

Each party was advised of his right to

file written objections to the findings and recommendations made by

the Magistrate Judge.
Petitioner's

On November 30, 2012, the court received

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

the

record

and

examined

the

objections filed by petitioner to the Report and Recommendation,
and having made

objected

to,

de novo findings with respect

does

hereby

adopt

and

approve

to the portions

the

findings

and

recommendations set forth in the Report and Recommendation filed
November

Motion

9,

to

2012.

It

is,

therefore,

Dismiss

be

GRANTED

and

ORDERED

the

that

Respondent's

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

Courthouse,

with

the

Clerk of

600 Granby Street,

this

Norfolk,

court,

United States

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.
v. Cockrell,

123 S.Ct.

1029,

1039 (2003).

See Miller-El

The Clerk shall mail a copy of this Final Order to Petitioner
and counsel of record for Respondent.

_&=
Hfiebecca Beach Smith

:a&™!^ -£&-

CHIEF UNITED STATES

Norfolk, Virginia

fc>ecgjt*vVeft 2l0 , 2012

DISTRICT JUDGE