Wilkerson v. Clarke

Filing 76

FINAL ORDER. The Court ORDERS that the respondent's 55 Motion to Dismiss is GRANTED, and that Wilkerson's 1 Petition for a Writ of Habeas Corpus is DENIED and DISMISSED WITH PREJUDICE. The Court further ORDERS that judgment be entered in favor of respondent. Signed by Chief District Judge Rebecca Beach Smith on 7/28/2017. Copies mailed 7/28/2017. (jmey, )

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division NORMAN KEVIN WILKERSON, #1007354, Petitioner, ACTION NO. V. HAROLD W. Dir. 2:15cv396 CLARKE, of VDOC, Respondent FINAL ORDER Petitioner, a Virginia inmate, filed an amended pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on December 30, 2016. ECF No. 49. Petitioner alleges violations of federal rights pertaining to his convictions on March 11, 2013, in the Circuit Court for Chesterfield County, possession of cocaine, for distribution of cocaine, and oxycodone, and marijuana. The matter was referred to a United States Magistrate Judge for report and recommendation 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. recommendation, filed June 19, 2017, respondent's motion to dismiss be granted, The report and recommends that the and that Wilkerson's petition for a writ of habeas corpus be denied and dismissed with prejudice. ECF No. 70. Each party was advised of the right to file objections to the findings and recommendations made by the Magistrate Judge. On July 6, 2 017, the Court received Petitioner's objections to the report and recommendation. The Court, ECF No. having 72. 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. ORDERS that The Court, therefore, the respondent's motion to dismiss (ECF No. 55) is GRANTED, and that Wilkerson's petition for a writ of habeas corpus (ECF No. 49) is DENIED and DISMISSED WITH PREJUDICE. The Court further ORDERS that judgment be entered in favor of respondent. Petitioner has failed to demonstrate ''a substantial showing of the denial of a constitutional right," and 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. Petitioner is 322, 335-36 See Miller-El (2003). 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, within thirty days from the date of entry of such judgment. The Clerk shall mail a copy of this Final Order to petitioner and counsel of record for respondent. Isl Rebecca Beach Smith — Chief Judge Rebecca Beach Smith CHIEF Norfolk, Virginia July , 2 017 UNITED STATES DISTRICT JUDGE

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