Brown v. Clarke

Filing 23

ORDER. The Court ADOPTS and APPROVES 20 Report and Recommendations in its entirety as the Court's own opinion. The Court GRANTS 10 Motion to Dismiss. It is therefore, ORDERED that 1 Petition for Writ of Habeas Corpus is DENIED and DISMI SSED WITH PREJUDICE. It is further ORDERED that the Petitioner's pending motions for enlargement of time, Doc. 16, and for leave to file additional briefs, Doc. 17 and 18, are DISMISSED as moot. It is further ORDERED that judgment be entered in favor of the Respondent. The Clerk is DIRECTED to forward a copy of this Order to the Petitioner and counsel of record for the Respondent. Signed by District Judge Henry C. Morgan, Jr on 1/14/2014. Copies mailed 1/15/2014. (jmey, )

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

QUINTIN IRVING BROWN,
Petitioner,
v.

Case No. 2:13cvl98

HAROLD W. CLARKE, Director,

Virginia Department of Corrections,
Respondent.
ORDER

This matter is before the Court on Petitioner Quintin Irvin Brown's ("Petitioner") Writ of

Habeas Corpus, Doc. 1, filed pursuant to 28 U.S.C. § 2254, and the Respondent Harold W.
Clarke's Motion to Dismiss, Doc. 10. In his Petition, the pro se Petitioner alleges violations of

his constitutional rights in relation to the Petitioner's conviction in 2008 for driving while his
license was suspended or revoked—third or more offense within ten years, and a subsequent

probation revocation in the Circuit Court for the City of Chesapeake that resulted in a sentence of
incarceration in the Virginia state penitentiary.

The Petitioner also challenges the state's

calculation of various "time-served" or "good behavior" credits.
The matter was referred for disposition to a United States Magistrate Judge pursuant to
28 U.S.C. § 636(b)(1)(B) and (C), Federal Rule of Civil Procedure 72(b), Local Civil Rule 72,

and the April 2, 2002, Standing Order on Assignment of Certain Matters to United States
Magistrate Judges.

In a Report and Recommendation filed on November 25, 2013, the

Magistrate Judge recommended the Motion to Dismiss be granted and the Petition be denied and

dismissed with prejudice. The parties were advised of their right to file written objections to the

Report and Recommendation.

On December 9, 2013, the Court received the Petitioner's

objections. The Respondent has not responded to these objections, however, and the time to do
so has expired.

Having reviewed the record and the Petitioner's objections to the Report and
Recommendation, and having made de novo findings with respect to the portions objected to, the
Court agrees with the Report and Recommendation on the grounds stated by the Magistrate

Judge and ADOPTS and APPROVES the Report and Recommendation, Doc. 20, in its entirety
as the Court's own opinion.

Accordingly, the Court GRANTS the Respondent's Motion to Dismiss, Doc. 10. It is,
therefore, ORDERED that the Petition, Doc. 1, is DENIED and DISMISSED WITH

PREJUDICE.

It is further ORDERED that the Petitioner's pending motions for an

enlargement of time, Doc.16, and for leave to file additional briefs, Doc. 17 and 18, are
DISMISSED as moot. It is further ORDERED that judgment be entered in favor of the
Respondent.

The 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 the Court at the Walter
E. Hoffman United States Courthouse, 600 Granby Street, Norfolk, Virginia 23510, within thirty

(30) days from the date judgment is entered. Because the Petitioner has failed to demonstrate a
substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c) and
Federal Rule of Appellate Procedure 22(b)(1), the Court declines to issue a certificate of
appealability. See Miller-El v. Cockrell. 537 U.S. 322, 335-36 (2003).

The Clerk is DIRECTED to forward a copy of this Order to the Petitioner and counsel of
record for the Respondent.
It is so ORDERED.

/§/
Henry Coke Morgan, Jr.
Senior Uniled States District Judge

Henry C. Morgan, Jr. %fCw[

Senior United States District Judge
Norfolk, Virginia

January/T, 2014