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, )
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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