Burnett v. Clarke

Filing 11

FINAL ORDER. The Court does hereby ADOPT and APPROVE the 9 Report and Recommendation filed December 5, 2016. It is, therefore, ORDERED that the Respondent's 5 Motion to Dismiss, be GRANTED, and that the 1 Petition for Writ of Habeas Corpus be 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 1/20/2017. Copies mailed 1/20/2017. (jmey, )

Download PDF
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division RICO LATRELL BURNETT, Petitioner, V. ACTION NO. HAROLD W. CLARKE, 2:16CV177 Director, Virginia Dept. of Corrections, Respondent. FINAL ORDER Petitioner, a Virginia inmate, petition, pursuant to 28 U.S.C. through counsel, § 2254. ECF No. 1. submitted a The Petition alleges violations of federal rights pertaining to Petitioner's convictions in the Circuit Court for the City of Hampton for attempted capital murder of a police officer, use of a firearm in an attempted capital murder, driving, hit and run, and felony eluding. possession of marijuana, As a result of reckless the convictions, Petitioner was sentenced to and is serving seventy-five years for attempted capital murder of a police officer and a $100,000 fine, three years for use of a firearm in the attempted capital murder, seven years for hit and run, thirty days for possession of marijuana and a $200 fine, twelve months for reckless driving and a $2,500 fine, and five years for felony eluding. The matter was referred to a United States Magistrate Judge 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 for report and recommendation. The Report and Recommendation filed December 5, 2016, recommends dismissal of the Petition. his right to file ECF No. 9. written Each party was advised of objections to recommendations made by the Magistrate Judge. the Court received Recommendation, Petitioner's ECF No. 10. findings and On December 19, 2016, objections which objections repeat original Petition. the to the Report and the claims made in the 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 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 filed December 5, 2016. It is, therefore, ORDERED that the Respondent's Motion to Dismiss, ECF No. 5, be GRANTED, and that the Petition, and DISMISSED WITH PREJUDICE. ECF No. l, be DENIED It is further ORDERED that judgment be entered in favor of Respondent. 2 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. V. Cockrell, 537 U.S. 322, 335-36 See Miller-El (2003). Petitioner is hereby notified that he may appeal from the judgment entered pursuant to this Final Order by filing a written notice of Courthouse, appeal 600 with the Clerk Granby Street, of this Norfolk, court. United States Virginia 23510, within thirty (30) days from the date of entry of such judgment. The Clerk shall mail a copy of this Final Order to Petitioner's counsel and counsel of record for Respondent. Mark S. Davis United States District Judge MARK S. DAVIS UNITED STATES DISTRICT JUDGE Norfolk, Virginia January ao , 2017

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?