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
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