Farabee v. Superintendent Meherrin River Regional Jail et al
Filing
42
FINAL ORDER. The Court does hereby ADOPT and APPROVE the findings and recommendations set forth in the 36 Report and Recommendations filed June 24, 2016. It is, therefore, ORDERED that the Respondent's 10 Motion to Dismiss be GRANTED, and that the 1 Petition for Writ of Habeas Corpus be DENIED and DISMISSED WITH PREJUDICE. It is further ORDERED that judgment be entered in favor of the Respondent. Signed by District Judge Mark S. Davis on 9/29/2016. Copies mailed 9/30/2016. (jmey, )
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division
BRIAN FARABEE,
Petitioner,
V.
ACTION NO.
2:15cv256
SUPERINTENDENT MEHERRIN RIVER
REGIONAL JAIL,
VIRGINIA DEPARTMENT OF CORRECTION,
and
COMMISSIONER OF THE DBHDS,
Respondents.
FINAL ORDER
Before the Court is a
Petition for a
filed pursuant to 28 U.S.C.
to Dismiss the Petition.
alleges
violations
of
§ 2254 and the Respondent's Motion
In his Petition,
his
Writ of Habeas Corpus
constitutional
the pro se Petitioner
rights
pertaining
to
the lawfulness of his probation violation hearing.
The
Petition
Judge
for
of
U.S.C.
the
28
Rules
District
report
of
of
§
referred
United
Virginia.
with
River Regional
to
a
United
and recommendation pursuant
636(b)(1)(B)
the
Recommendation,
Petition
was
and
District
The
Magistrate
Jail
and
as
the
2016,
to
the
Magistrate
to the provisions
and Local
States
filed June 26,
prejudice
(C)
States
Civil
Court
for
Judge's
Rule
the
72
Eastern
Report
recommends dismissal of
Superintendent
Commissioner
of
the
of
of
and
the
Meherrin
Department
of
Behavioral
Health
and
without
prejudice as to the Virginia Department of Corrections.
On July
the
and
14,
2016,
and
Recommendation.
Developmental
Services,
Petitioner timely filed objections
The
Respondent
did
not
to
the
respond
Petitioner's objections and the time to do so expired.
by Order of
file a
September 6,
response.
2016,
Report
to
the
However,
the Court ordered Respondent
Respondent filed a
to
response on September 19,
2016.
The
Court,
having
reviewed
the
record
and
examined
the
objections filed by Petitioner to the Report and Recommendation,
and the response filed by Respondent,
and having made ^
findings with respect to the portions objected to,
novo
does hereby
ADOPT and APPROVE the findings and recommendations set forth in
the
Report
therefore,
No.
and
10,
and
Recommendation
It
is,
ORDERED that the Respondent's Motion to Dismiss,
ECF
be GRANTED,
DISMISSED
filed
June
24,
and that the Petition,
WITH
PREJUDICE.
It
is
2016.
ECF No.
further
1,
be DENIED
ORDERED
that
judgment be entered in favor of the Respondent.
The
pursuant
Petitioner
to
this
appeal with the
may
Final
Clerk of
600 Granby Street,
appeal
Order
this
Norfolk,
by
from
filing
court.
the
a
written
United States
Virginia 23510,
days from the date of entry of such judgment.
2
judgment
entered
notice
of
Courthouse,
within thirty
(30)
The
Petitioner
has
failed
to
demonstrate
a
showing of the denial of a constitutional right,
the
Court
declines
pursuant
to
Rule
Procedure.
See
to
issue
22(b)
Miller-El
of
v.
any
certificate
the
Federal
Cockrell,
and therefore,
of
Rules
537
substantial
appealability
of
U.S.
Appellate
322,
335-36
(2003).
The
Clerk
shall
forward
a
copy
of
this
Final
Order
Petitioner and to counsel of record for the Respondent.
It is
so ORDERED.
Marks. Davis
United States District JudgB
MARK S.
DAVIS
UNITED STATES DISTRICT JUDGE
September
,
2016
to
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