Farabee v. Superintendent Meherrin River Regional Jail et al

Filing 93

FINAL ORDER. 90 Motion to Consolidate is DENIED. 91 Motion for Time Dilation is DENIED AS MOOT. It is ORDERED that the 1 Petition be 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 9/21/2018. Copies mailed 9/21/2018. (jmey, )

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

FILED
SEP 2 1 2018

BRIAN FARABEE,

CLERK. US D'S^RiCT COURT
MOnro' K. VA

Petitioner,
CIVIL ACTION NO. 2:15cv256

V.

HAROLD W. CLARKE,

Director,

Virginia Department of Corrections,
Respondent.

FINAL ORDER

Petitioner,

a Virginia inmate, submitted a pro se petition,

pursuant to 28 U.S.C.

§ 2254. ECF No. 1.

The Petition challenges

the lawfulness of his revocation proceeding in the Dinwiddie Circuit
Court.

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

the

of

the Rules

of

the United States District Court for

Eastern District of Virginia for report and recommendation.

The

Report and Recommendation filed July 3, 2018, recommends dismissal

of the petition.

ECF No. 87.

Each party was advised of his right

to file written objections to the findings and recommendations made
by the Magistrate Judge.

On August 3,

2018,

the Court received

Petitioner's objections to the Report and Recommendation. ECF No.
92.

Also, on August 3, 2018, Petitioner filed a Renewed Motion to
Consolidate Pending Federal Habeas Petitions Under § 2254 seeking
to combine the instant case with Petitioner's other § 2254 petition
filed in Case No.

2:16cv661.

ECF No.

90.

The Court notes that i t

previously entered Orders on October 2, 2017 and November 30, 2017,
denying Petitioner's Motions

to Consolidate.

ECF Nos.

68,

78.

However, in the instant motion. Petitioner argues that at this time

there are good reasons for the Court to consolidate his two petitions.
Because Petitioner has pointed to no change in circumstances or any

new

and

compelling

Petitioner's

prior

justification

motions

to

for

consolidation

consolidate

cases

were

since
denied.

Petitioner's Renewed Motion to Consolidate i s DENIED.

Petitioner also filed a Motion for Time Dilation on August 3,
2018,

seeking

an

extension

of

time

to

file

objections

to

the

Magistrate Judge's Report and Recommendation on disposition of the
instant habeas petition.
motion

is

dated

Petitioner's

the

ECF No.

same

Objections

day

to

as

the

91.

the Memorandum
Magistrate

Recommendation and both dociaments were,

day.

As the Court has received,

objections

to

The Court notes that this
in

Judge's

in fact,

Support
Report

of
and

filed on the same

filed and considered Petitioner's

the Magistrate Judge's

Report and Recommendation,

Petitioner's Motion for Time Dilation i s DENIED AS MOOT.

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, does hereby adopt and approve the findings and recommendations
set forth in the Report and Recommendation filed July 3, 2018.

It

is, therefore, ORDERED that the petition be DENIED and DISMISSED WITH
PREJUDICE.

It is further ORDERED that judgment be entered in favor

of Respondent.

Petitioner has

simply repeated

the

claims

he

made

in his

original petition, and 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)
V.

of the Federal Rules of Appellate Procedure.

Cockrell,

537 U.S.

322,

335-36

See Miller-El

(2003).

Petitioner is hereby notified that he may appeal

from the

judgment entered pursuant to this Final Order by filing a written
notice

of

Courthouse,

appeal
600

with

the

Clerk

Granby Street,

of

this

Norfolk,

court,

Virginia

United States
23510,

thirty days from the date of entry of such judgment.

within

The Clerk shall mail a copy of this Final Order to Petitioner
and counsel of record for Respondent.
Mark S. Davis

United StatesDistrict Judge
Mark S.

Davis

UNITED STATES DISTRICT JUDGE

Norfolk,

Virginia

September 2>T . 2018