Arnold v. Clarke

Filing 24

FINAL ORDER. 11 Motion to Dismiss is GRANTED, and the 1 Petition for Writ of Habeas Corpus is DENIED and DISMISSED WITH PREJUDICE. It is further ORDERED that judgment be entered in favor of Respondent. Signed by District Judge Mark S. Davis on 1/25/2016. Copies mailed 1/25/2016. (jmey, )

UNITED
THE

STATES

DISTRICT

EASTERN DISTRICT

COURT

OF

LED

-

VIRG!

Norfolk Division

JAN 2 5 2016
WILLIAM EARL ARNOLD,

#1321103,

CLERK. US D STRICT COURT
NO^FOI K. VA

Petitioner,
ACTION

V.

NO.

2:14cv624

HAROLD CLARKE,

Director VDOC,

Respondent.

FINAL

Petitioner,

a Virginia inmate,

pursuant to 28 U.S.C.
violations

of

convictions

in

felony.

sentenced,

§ 2254.

federal
the

with the use of a

a

As

ORDER

Circuit

ECF No.

rights

result

Court

on November 3,

of

of

the

2011,

1.

The petition alleges

pertaining

gun and use of a

a

submitted a pro se petition,

to

petitioner's

Virginia Beach for

robbery

firearm in the commission of

convictions,

to serve

petitioner

thirteen years

was

in the

Virginia penal system.
The

matter

was

referred

to

the

United

Judge pursuant to the provisions of 28 U.S.C.
(C)

for

and Rule

the

72 of

December

2,

Magistrate

§ 636(b)(1)(B)

and

the Rules of the United States District Court

Eastern

recommendation.

States

The
2 015,

District

amended

of

Virginia

report

recommends

that

and

for

report

recommendation,

respondent's

and

filed

motion

to

dismiss,

ECF No.

habeas

11,

corpus,

prejudice.

be granted,

ECF

ECF No.

No.
22.

1,

and the petition for a writ of

be

denied

and

dismissed

with

Each party was advised of the right to

file written objections to the findings and recommendations made
by

the

Magistrate

received

petitioner's

recommendation.

The

Judge.

ECF No.

Court,

having

On

December

objections

11,

to

2015,

Court

report

the

the

and

examined

the

23.

reviewed

the

record

and

objections filed by petitioner to the report and recommendation,
and having made

objected

to,

de novo findings

does

recommendations

hereby

set

filed December 2,

adopt

forth

in

and

the

in his

approve
report

to

the

and

the portions

findings

and

recommendation,

2015.

In petitioner's objections,
raised

with respect

petition for

a

he restates many of the claims

writ

of

habeas

corpus,

including

that counsel was ineffective for not filing a motion to suppress

evidence

seized

from

Sonya Stanford as

a

petitioner's

witness

to

hotel

room

testify that

and

adequately

report
that

and

these

appellate

addressed

recommendation.
claims

courts,

were

this

not

by

the

To

Magistrate

the

properly

argument
2

lacks

extent

give

These claims

Judge's

amended

petitioner

asserts

addressed

merit

calling

she did not

police officers consent to search the hotel room.
were

not

in

the

and does

Virginia

not

call

into

question

the

conclusions

made

in

the

Magistrate

Judge's

amended report and recommendation.
The

dismiss,

Court,

therefore,

ECF No.

11,

habeas corpus,
It

is

is GRANTED,

ECF No.

further

ORDERS

1,

ORDERED

that

respondent's

motion

to

and the petition for a writ of

is DENIED and DIMISSED WITH PREJUDICE.

that

judgment

be

entered

in

favor

of

respondent.

Petitioner has failed to demonstrate "a substantial showing

of

the

Court

denial

of

declines

pursuant

to

Procedure.

a
to

Rule
See

constitutional
issue
22(b)

Miller-El

any
of
v,

right,"

and,

certificate

the

Federal

Cockrell,

therefore,

of

appealability

Rules
537

the

of

U.S.

Appellate

322,

335-36

(2003).

Petitioner is

hereby notified that

he may appeal

from

the

judgment entered pursuant to this final order by filing a notice

of

appeal

Courthouse,

with
600

the
Granby

Clerk
Street,

of

this

Norfolk,

Court,
Virginia

United
23510,

thirty days from the date of entry of such judgment.

States
within

The

Clerk

shall

mail

a

copy

of

this

final

order

petitioner and to counsel of record for respondent.

Mark S. Davis

United StatcG Distnct.Judge
Mark" S T 'DavTs

UNITED

Norfolk, Virginia

January a'5 , 2016

STATES

DISTRICT

°

JUDGE

to