Trotman v. Fergurson

Filing 20

FINAL ORDER. It is ORDERED that respondent's 7 Motion to Dismiss be GRANTED, and that the 1 Petition for Writ of Habeas Corpus be DISMISSED AND TERNIMATED AS MOOT. It is further ORDERED that petitioner's 10 Motion to Quash be TERMINATED AS MOOT. Signed by District Judge Raymond A. Jackson on 6/20/2016. Copies mailed 6/21/2016. (jmey, )

UNITED STATES DISTRICT COURT

FLED

FOR TH E EASTERN DISTRICT OF VIRGINI
Norfolk Division

JUN 2 0 2016
ci.EnK. u? ::'STP'CT court

DAVID MICHAEL TROTMAN, JR., #527722
Petitioner,
V.

CIVIL ACTION NO. 2:15cv364

DEBRA FERGUSON,

Commissioner of the Virginia Department
of Behavior Health and Development Services,
Respondent.

FINAL ORDER

This matterwas initialed by petition for a writof habeascorpus under28 U.S.C. §2254. The
petition alleges violation of federal rights pertaining lo Petitioner's involuntary commitment to
Central State Hospital on April 10, 2014.

The petition wasreferred lo a United States Magistrate Judge for reportandrecommendation
pursuant to the provisions of 28 U.S.C. § 636(b)( 1)(B) and (C) and Local Civil Rule 72 of the Rules

of the United Stales District Court for the Eastern District of Virginia. The Magistrate Judge's
Report and Recommendation filed May 16,2016, recommends thatthecourt dismiss the petition as

moot due to Petitioner's release from custody and his failure to show any continuing collateral
consequences. The Report further recommends petitioner's motion to quash (ECF No. 10) be

terminated as moot. The Report and Recommendation advised Petitioner of his right toobject and
the time limit fordoing so. The Court has received noobjections, and the time for filing objections
has now expired.

Accordingly, the Court does hereby acceptthe findings and recommendations scl forth in the

Report and Recommendation filed May 16, 2016, and it is therefore ORDERED that respondent's
Motion to Dismiss be GRANTED, and that the petition be DISMISSED AND TERMINATED AS
MOOT. It is further ORDERED that petitioner's motion to quash (ECF No. 10)be TERMINATED
AS MOOT.

Petitioner may appeal from the judgment entered pursuant to this Final Order by filing a
written notice of appeal with the Clerk of this court. United States Courthouse, 600 Granby Street,
Norfolk, Virginia 23510, within thirty (30) days from the date of entry of such judgment.
Petitioner has failed to demonstrate a substantial showing of the denial of a constitutional

right, therefore, the Court declines to issue any certificate ofappealability pursuant to Rule 22(b) of
the Federal Rules of Appellate Procedure. See Millcr-El v. Cockrell. 123 S.Ct. 1029,1039 (2003).
The Clerk shall mail a copy of this Final Order to petitioner and provide an electronic copy
of the Final order to counsci of record for respondent.

RAYMOND A. JACKSON
UNITED STATES DISTRICT JUDGE

Norfolk, Virginia
2016