Anderson v. Clarke

Filing 16

FINAL ORDER. This Court agrees with and ADOPTS and APPROVES 14 Report and Recommendations. Accordingly, the Court GRANTS the Respondent's 10 Motion to Dismiss. It is, therefore, ORDERED that 1 Petition for Writ of Habeas Corpus is DENIED and DISMISSED WITH PREJUDICE. 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 to counsel of record for the Respondent. Signed by District Judge Arenda L. Wright Allen on 3/24/2014. Copies mailed 3/24/2014. (jmey, ) Modified on 3/24/2014 to edit docket text (jmey, ).

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

ANTHONY ANDERSON,
Petitioner,
v.

ACTION NO. 2:13-cv-223

HAROLD W. CLARKE, Director,

Virginia Department of Corrections,
Respondent.

FINAL ORDER

Before the Court is a Petition for a Writ of Habeas Corpus (ECF No. 1) filed pursuant to
28 U.S.C. § 2254, and the Respondent's Motion to Dismiss (ECF No. 10). In his Petition, the
pro se Petitioner alleges violations of his constitutional rights in relation to his 1985 convictions

in the Circuit Court for the County of Chesterfield for murder, two counts of robbery, and using
a firearm in the commission of murder and robbery.

As a result of his convictions, he was

sentenced to an active period of incarceration for seventy years in the Virginia state penitentiary.
The matter was referred for disposition to a United States Magistrate Judge pursuant to
28 U.S.C. §§ 636(b)(l)(B)-(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 entered on February 11, 2014, the Magistrate Judge
recommended that the Motion to Dismiss be granted and that 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 February 28, 2014, the Court received Petitioner's objections.

Respondent has

elected to waive any response to these objections, and the time to do so has expired.

Having reviewed the record and Petitioner's objections, and having made de novo

findings with respect to the portions objected to, this Court agrees with the Report and
Recommendation on the grounds stated by the Magistrate Judge and ADOPTS and APPROVES

the Report and Recommendation (ECF No. 14) in its entirety as the Court's own opinion.
Accordingly, the Court GRANTS the Respondent's Motion to Dismiss (ECF No. 10). It is,
therefore, ORDERED that the Petition (ECF No. 1) is DENIED and DISMISSED WITH
PREJUDICE. 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

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 to counsel

of record for the Respondent.
It is so ORDERED.

Arehdjj L. Weight Allen

Date: /ko^cX * tf **><*
Norfolk, Virginia

United States District Judge