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