Watson v. Clarke

Filing 20

FINAL ORDER. The Court does hereby ADOPT and APPROVE the 18 Report and Recommendation filed December 19, 2016. Therefore, it is ORDERED that the Respondent's 10 Motion to Dismiss is GRANTED, and the 1 Petition for Writ of Habeas Corpus is DENIED and DISMISSED WITHOUT PREJUDICE. It is further ORDERED that Petitioner's related 15 Motion to Dismiss Without Prejudice certain claims, 16 Motion to Amend/Correct, and 17 Motion to Stay be DENIED AS MOOT. Judgment shall be entered in favor of the Respondent. Signed by District Judge Arenda L. Wright Allen on 1/23/2017. Copies mailed 1/23/2017. (jmey, )

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UNITED STATES DISTRICT COURT
I THE EASTERN DISTRICT OF VIRGE
Norfolk Division

JAV 2 3 2017
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CLLHK, US DISTRICT COURT
NOR! OLK, VA

BRIAN HAMPTON WATSON,

Petitioner,
V.

ACTI0NN0.2:16cvl36

HAROLD W. CLARKE, Director,

Virginia Department of Corrections,
Respondent.

FINAL ORDER

Before the Court is a Petition for a Writ of Habeas Corpus filed pursuant to 28 U.S.C. §

2254 (ECF No. 1), and the Respondent's Motion to Dismiss the Petition (ECF No. 10). In his
Petition, the pro se Petitioner alleges violations of his constitutional rights in relation to his
conviction for possession with intent to distribute a controlled substance, third or subsequent
offense, on October 18, 2012, in the Prince Williams County Circuit Court. As a result of his
conviction, he was sentenced to twenty years in prison.
The Petition 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 Local
Civil Rule 72 of the Rules of the United States District Court for the Eastern District of Virginia.

The Magistrate Judge's Report and Recommendation (ECF No. 18) was filed on December 19,
2016 and recommends dismissal of the Petition without prejudice. On January 3, 2016, the

Petitioner timely filed objections to the Report and Recommendation. The Respondent has not
responded to the Petitioner's objections and the time to do so has expired.

The Court, having reviewed the record and examined the objections filed by the
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 (ECF No. 18) filed on December
19, 2016. Therefore, it is ORDERED that the Respondent's Motion to Dismiss (ECF No, 6) is
GRANTED, and the Petition (ECF No. 1) is DENIED and DISMISSED WITHOUT
PREJUDICE.

It is further ORDERED that Petitioner's related Motions to Dismiss Without Prejudice

certain claims (ECF No. 15), to Amend the Petition (ECF No. 16), and for a Stay (ECF No. 17),

be DENIED AS MOOT. Judgment shall be entered in favor of the Respondent.

The Petitioner may appeal from the Judgment entered pursuant to this Final Order by
filing a written notice of appeal with the Clerk of this Court, United States Courthouse, 600
Granby Street, Norfolk, Virginia 23510, within thirty days fi-om the date of entry of Judgment.
The 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) of the Federal Rules of Appellate Procedure. See Miller-El v. Cockrell,
537 U.S. 322,335-36 (2003). The Clerk shall mail a copy of this Final Order to Petitioner and to
counsel of record for the Respondent.
It is so ORDERED.

Ar^a'Wright Allen
United States District Judge
Norfolk, Virginia
January2017