Street v. Director of the Department of Corrections

Filing 26

FINAL ORDER. The Court agrees with the Report and Recommendation on the grounds stated by the Magistrate Judge and ADOPTS and APPROVES the 25 Report and Recommendation in its entirety as the Court's own opinion. The Respondent's 19 Motion to Dismiss is GRANTED, and the 1 Petition is DENIED and DISMISSED WITH PREJUDICE. It is ORDERED that judgment be entered in favor of the Respondent. Signed by District Judge Mark S. Davis on 7/27/2017. Copies mailed 7/27/2017. (jmey, )

FILED
IN THE UNITED STATES

JUL 2 7 2017

DISTRICT COUR

FOR THE EASTERN DISTRICT OF VIRGIN!
Norfolk

Division
ClJ-tiK, I'S OlS'iRICT GOUnJ
NOrtr-nLK, VA

KEITH

RANDOLPH

STREET

Petitioner,
CIVIL ACTION NO.

V.

HAROLD W.

CLARKE,

2:16cvll

Director,

Virginia Department of Corrections,
Respondent.
FINAL ORDER

Before the Court is a petition for a writ of habeas corpus,
ECF

No.

1,

filed

Respondent's

Motion

2013,

a

Virginia

statutory

and

21,

sentenced
and

fined

petition,
of

his

Dismiss,

28

U.S.C.

ECF No.

in

violation

of

§

19.

2254,

1

five

$350

at

years
for

1.

the

petit

the

jury convicted Street
Va.

Following

in prison

and

On September 23,

Code

§

in violation of Va. Code §18.2-96.

attach.

to

to

Beach Circuit Court

for

his

the

larceny

18.2-91,
ECF Nos.

conviction

he

of
and

1 at
was

burglary conviction

conviction.

In

his

the pro se Petitioner challenges the constitutionality

conviction.

The matter was
Magistrate
Federal

to

burglary,

petit larceny,
1

pursuant

Judge

referred for disposition to a

pursuant

Rule of Civil

to

Procedure

28

U.S.C.

72(b),

§§

Local

United States

636(b) (1) (B)-(C),
Civil

Rule

72,

and

the

April

Matters

2,

to

2002

United

Recommendation

Standing
States

entered

Order

on

Magistrate

on

June

Assignment

Judges.

9,

In

2017,

of

a

ECF

Certain

Report

No.

and

25,

the

Magistrate Judge recommended the Motion to Dismiss be granted,
and

the

Petition

be

denied and dismissed with prejudice.

The

parties were advised of their right

to file written objections

to

Neither

the

Report

and

Recommendation.

the

Petitioner

nor

the Respondent filed objections with the Court.

Having reviewed
the

Court

grounds

agrees

with

stated by

and

the

the

record and having
the

Magistrate

the

Report

the

Court's own opinion.

to Dismiss,
is

Recommendation,

ECF No.

DENIED

and

Report

19,

and

Judge

heard no objection,

Recommendation
and ADOPTS

on

and APPROVES

ECF No.

25,

in

Accordingly,

the

Respondent's

is GRANTED,

DISMISSED

WITH

its

entirety

and the Petition,

PREJUDICE.

It

the

is

as

Motion

ECF No.

1,

ORDERED

that

he may appeal

from

judgment be entered in favor of the Respondent.

The
the

Petitioner

judgment

written
Walter

Norfolk,

judgment

of

Hoffman
Virginia

is

demonstrate

hereby notified

entered pursuant

notice
E.

is

appeal

with

23510,

within

of

Courthouse,

the

showing
2

Final

Clerk

thirty

Because

substantial

this

the

United States

entered.
a

to

that

(30)

Order

by

the

Court

600
days

Petitioner
of

the

filing
at

a

the

Granby Street,
from

has

the

date

failed

denial

of

to
a

constitutional right pursuant to 28 U.S.C.
Rule

of

Appellate

Procedure

22(b)(1),

issue a certificate of appealability.
537 U.S.

322,

335-36

The Clerk

is

§ 2253(c)

the

Court

and Federal
declines

See Miller-El v.

Cockrell,

(2003).

DIRECTED

to

forward

a

copy of

this

Order

the Petitioner and counsel of record for the Respondent.

It

is

so ORDERED,

Mark S. Davis

United States DistrictJudge
Mark S.

Davis

United States District Judge
Norfolk, Virginia
Date:

to

to