Williams v. Clarke

Filing 20

FINAL ORDER. It is ORDERED that 14 Motion to Dismiss be GRANTED, and that the 1 Petition for Writ of Habeas Corpus be DENIED and DISMISSED with prejudice. Signed by Chief District Judge Rebecca Beach Smith on 4/15/2016. Copies mailed 4/15/2016. (jmey, )

LED
UNITED
FOR

THE

STATES

EASTERN

DISTRICT

DISTRICT

COURT

OF

VIRGINIA

LL
APR 1 5 2016

Norfolk Division

RAYSHAWN WILLIAMS,

CLERK. US :)'STR^CT COURT
-Qi K. V'A

Petitioner,
CIVIL ACTION NO.

V.

HAROLD W.

CLARKE,

2:15cv422

Director,

Virginia Department of Corrections,
Respondent.
FINAL

ORDER

This matter was initiated by petition for a
corpus under 28 U.S.C.
petitioner's
convictions

wounding,

§ 2254.

The petition alleges violation of

constitutional
in

and

2012

use

of

felonies in Richmond,

for

a

writ of habeas

rights

attempted

firearm

Virginia.

pertaining

murder,

during

to

his

state

aggravated malicious

the

commission

of

both

As a result of the convictions,

petitioner was sentenced to serve 38 years in prison, with 25 years
suspended,

resulting in a thirteen year active sentence.

The petition was referred to a United States Magistrate Judge
for

report

and recommendation pursuant

U.S.C.

§ 636(b)(1)(B)

and

of

United

District

the

Virginia.

States

The

prepared March 18,
prejudice.

(C)

Magistrate
2015,

to

the provisions

of

28

and Local Civil Rule 72 of the Rules
Court

Judge's

for

the

Report

Eastern

and

District

of

Recommendation

recommends dismissal of the petition with

The Report and Recommendation advised Petitioner of his
1

right to object and the time limit for doing so.

The Court has

received no objections, and the time for filing objections has now
expired.

Accordingly,

the

Court does hereby accept

the

findings

and

recommendations set forth in the Report and Recommendation dated
March

18,

2 015,

and

it

is

therefore

Motion to Dismiss be GRANTED,

ORDERED

that

respondent's

and that the petition be DENIED and

DISMISSED with prejudice.

Petitioner may appeal from the judgment entered pursuant to
this

Final Order by filing a

Clerk of this court.
Norfolk,

written notice of appeal with the

United States Courthouse,

Virginia 23510,

within thirty

(30)

600 Granby Street,

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 of appealability pursuant to Rule 22 (b)

of

the

v.

Federal

Cockrell,

Rules

123 S.Ct.

of

Appellate

1029,

1039

Procedure.

See

Miller-El

(2003).

The Clerk shall mail a copy of this Final Order to petitioner
and provide an electronic copy of the Final Order to counsel of
record for respondent.

Id

—

Rebecca Beach Smith
Chief Judge
REBECCA
CHIEF

Ai_,

2016

BEACH

UNITED

SMITH
STATES

DISTRICT

JUDGE