Lawrence v. Clarke

Filing 12

FINAL ORDER. The Court ADOPTS and APPROVES the 11 Report and Recommendation in its entirety as the Court's own opinion. Accordingly, the Respondent's 5 Motion to Dismiss, is GRANTED, and the 1 Petition for Writ of Habeas Corpus is DE NIED and DISMISSED WITH PREJUDICE. It is ORDERED that judgment be entered in favor of the Respondent. The Clerk is DIRECTED to forward a copy of this Order to the Petitioner and counsel of record for the Respondent. Signed by District Judge Arenda L. Wright Allen on 1/20/2017. Copies mailed 1/20/2017. (jmey, )

FILED
IN THE UNITED STATES DISTRICT COURT

JAN I 0 2017

FOR THE EASTERN DISTRICT OF VIRGINIA

Norfolk Division

clerk, u^;^DisrRiCT court

ROBERT ALLEN LAWRENCE,
Petitioner,
V.

ACTION NO. 2:16-cv-235

HAROLD W. CLARKE, Director,

Virginia Department of Corrections,
Respondent.
FINAL ORDER

Before the Court is a petition for a writ of habeas corpus (ECF No. 1) filed pursuant lo 28
U.S.C. § 2254, and the Respondent's motion to dismiss (ECF No. 5). On June 23, 2014, the
New Kent County Circuit Court found Petitioner was in violation of his probation stemming

from a conviction on September 18, 2006, for unlawful filming of a minor, production of child
pornography, and contributing to the delinquency of a minor in the New Kent County Circuit
Court. Petitioner was sentenced to serve three years of his suspended sentence for revocation of

probation.'
The matter was referred for disposition to a United States Magistrate Judge pursuant to
28 U.S.C. §§ 636(b){l)(B)-(C), Federal Rule of Civil Procedure 72(b), Local Civil Rule 72, and
the April 2, 2002 Standing Order on Assignment of Certain Matters to United States Magistrate
Judges. In a Report and Recommendation entered on December 14, 2016 (ECF No. 11), 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 the
' Petitioner was originally sentenced to fifteen years in jail with fourteen years and six months suspended and a
twelve monthjail sentence with all twelve months suspended, for his September 18, 2006 conviction.

Report and Recommendation. Neither the Petitioner nor the Respondent filed objections with
the Court.

Having reviewed the record and having heard no objection, the Court agrees with the
Report and Recommendation on tiie grounds stated by the Magistrate Judge and ADOPTS and
APPROVES the Report and Recommendation (ECF No. 11) in its entirety as the Court's own

opinion. Accordingly, the Respondent's motion to dismiss (ECF No. 5) is GRANTED, and the
Petition (ECF No. 1) is DENIED and DISMISSED WITH PREJUDICE. It is ORDERED
that judgment be entered in favor of the Respondent.
The Pethioner is hereby notified that he may appeal from the judgment entered pursuant
to this Final Order by filing a wriiien noticc of appeal with the Clerk of the Court at the Walter
E. Hoffman United States Courthouse, 600 Granby Street, Norfolk, Virginia 23510, within thirty
(30) days from the date judgment is entered, Because the Petitioner has failed to demonstrate a
substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c) and
Federal Rule of Appellate Procedure 22(b)(1), the Court declines to issue a certificate of

appealability. See Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003).
The Clerk is DIRECTED to forward a copy of this Order to the Petitioner and counsel of
record for the Respondent.
It is so ORDERED.

Arenda VjVrighL

United StateslTIstiict Judge
Arenda L. Wright Allen
United States District Judge
Norfolk, Virginia

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