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, )

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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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