Wilkerson v. Clarke
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
NORMAN KEVIN WILKERSON,
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
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,
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.
respondent's motion to dismiss be granted,
The report and
and that Wilkerson's
petition for a writ of habeas corpus be denied and dismissed with
Each party was advised of the right to file objections to the
findings and recommendations made by the Magistrate Judge. On July
the Court received Petitioner's objections to the report
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.
The Court, therefore,
the respondent's motion to dismiss
GRANTED, and that Wilkerson's petition for a writ of habeas corpus
DENIED and DISMISSED WITH PREJUDICE.
further ORDERS that judgment be entered in favor of respondent.
Petitioner has failed to demonstrate ''a substantial showing of
declines to issue any certificate of appealability pursuant to Rule
of the Federal Rules of Appellate Procedure.
hereby notified that
he may appeal
judgment entered pursuant to this Final Order by filing a written
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.
Rebecca Beach Smith
Rebecca Beach Smith
, 2 017
UNITED STATES DISTRICT JUDGE
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