Coleman v. Clarke

Filing 19

FINAL ORDER. The Court ADOPTS and APPROVES the findings and recommendations set forth in 15 Report and Recommendations. It is therefore, ORDERED that the 1 Petition for Writ of Habeas Corpus be DENIED and DISMISSED. It is further ORDERED that Judgment be entered in favor of Respondent. Signed by District Judge Arenda L. Wright Allen on 2/5/2016. Copies mailed 2/5/2016. (jmey, )

UNITED STATES DISTRICT COURT

FILED

FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

FEB - 5 2016
CLERK, US DiSTRiCT COURT
VA

ANTHONY LORENZO COLEMAN, #1008008,

Petitioner,
ACTION NO.

V.

2:15cv46

HAROLD W. CLARKE,

Director, Virginia Dept. ofCorrections,
Respondent.

FINAL ORDER

Petitioner, a Virginia inmate, submitted a pro se petition pursuant to 28 U.S.C. § 2254.

ECF No. 1. The Petition alleges violations of federal rights pertaining to Petitioner's convictions
in the Circuit Court for Prince George's County for four counts of distribution of cocaine, third or
subsequent offense, in violation of Virginia Code § 18.2-248; four counts of distribution of

marijuana, in violation of Virginia Code § 18.2-248.1; and four counts of driving on a suspended
license, in violation of Virginia Code § 46.2-301.1. ECF No. 12 attach. 1 at 3-5. As a result of

the convictions, the trial court sentenced Petitioner to a total of 180years and forty-eight months of
incarceration, and suspended all but the statutory mandatory minimum period of incarceration,
resulting in an active sentence of twenty years and forty days. Id. at 4.

The matter was referred to a United States Magistrate Judge pursuant to the provisions of
28 U.S.C. § 636(b)(1)(B) and (C) and Rule 72 of the Rules of the United States District Court for

the Eastern District of Virginia for a Report and Recommendation.

The Report and

Recommendation filed November 16, 2015, recommends dismissal of the Petition.

ECF No. 15.

Each party was advised of the right to file written objections to the findings and recommendations

made by the Magistrate Judge.

On December 21,2015, the Court received Petitioner's objections

to the Report and Recommendation, wherein Petitioner argues ineffective assistance of counsel as

cause to overcome his procedural default. ECF No. 18. Respondent did not file objections.
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, ADOPTS and APPROVES the findings and recommendations set forth in the Report
and Recommendation filed November 16, 2015.

It is, therefore, ORDERED that the Petition be

DENIED and DISMISSED. It is further ORDERED that Judgment be entered in favor of
Respondent.

Petitioner merely repeated the claims he made in the Petition, and 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.

See Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003), Petitioner is advised that he may appeal
from the Judgment enteredpursuantto this Final Order by filing a written noticeof appeal with the
Clerk of this Court, United States Courthouse, 600 Granby Street, Norfolk, Virginia 23510, within
thirty days from the date of entry of such Judgment.
The Clerk of Court is requested to forward a copy of this Final Order to Petitioner and
counsel of record for Respondent.

ArentkLL. Wrijibt-<[len
United Slates District Judge
Norfolk, Virginia
^*^2016