Hawkins v. Clarke
ORDER. It is ORDERED that 10 Motion to Dismiss is GRANTED, and the 1 Petition for Writ of Habeas Corpus is DENIED and DISMISSED WITH PREJUDICE. The Court further ORDERS that judgment be entered in favor of the Respondent. Signed by District Judge Mark S. Davis on 8/1/2017. Copies mailed 8/1/2017. (jmey, )
STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
Petitioner, a Virginia inmate, filed a pro se petition for a
writ of habeas corpus pursuant to 28 U.S.C. § 2254 on June 7, 2016.
pertaining to his convictions on July 16, 2007, in the Circuit Court
of the City of Chesapeake for robbery, conspiracy to commit a felony,
and use of a firearm during the commission of a felony.
The matter 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 Rule 72 of the Rules of the United States
District Court for the Eastern District of Virginia.
The report and
recommendation, filed July 5, 2017, recommends that the respondent's
motion to dismiss be granted, and the petition for a writ of habeas
corpus be denied and dismissed with prejudice.
ECF No. 16.
Each party was advised of the right to file objections to the
findings and recommendations made by the Magistrate Judge. On July
17, 2017, the Court received petitioner's objections to the report
objections filed by Hawkins 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.
The Court, therefore,
respondent's motion to dismiss,
GRANTED, and the petition for a writ of habeas corpus, ECF No. 1,
i s DENIED and DISMISSED WITH PREJUDICE.
The Court further ORDERS
that judgment be entered in favor of the respondent.
Petitioner has failed to demonstrate "a substantial showing of
the denial of a
constitutional right," and,
declines to issue any certificate of appealability pursuant to Rule
22(b) of the Federal Rules of Appellate Procedure.
Petitioner is hereby notified that he may appeal
judgment entered pursuant to this Final Order by filing a written
thirty days from the date of entry of such judgment.
The Clerk shall mail a copy of this Final Order to petitioner
and counsel of record for respondent.
Mark S. Davis
United StatesDistrict Judge
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