Hawkins v. Clarke

Filing 18

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, )

UNITED
FOR THE

STATES DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA

Norfolk Division

MARQUEZ T.

HAWKINS,

#1208249,

Petitioner,
ACTION NO.

V.

HAROLD CLARKE,

2:16cv269

Director,
Respondent

FINAL ORDER

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.
ECF

No.

1.

Petitioner

alleges

violations

of

federal

rights

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
and recommendation.

The

Court,

ECF No.

having

17.

reviewed

the

record

and

examined

the

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.

ORDERS that

the

The Court, therefore,

respondent's motion to dismiss,

ECF No.

10,

is

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,

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 of

Granby Street,

this

Norfolk,

Court,

Virginia

United

States

23510,

within

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.

/s/yriye- •
Mark S. Davis

United StatesDistrict Judge
Mark S.
UNITED

Norfolk, Virginia

August

1

, 2017

STATES

Davis

DISTRICT JUDGE