Collins v. Clarke

Filing 15

FINAL ORDER. It is ORDERED that respondent's 10 Motion to Dismiss be GRANTED, and the 1 Petition for a Writ of Habeas Corpus be DENIED and DISMISSED with prejudice. Signed by District Judge Arenda L. Wright Allen on 1/18/2017. Copies mailed 1/18/2017. (jmey, )

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division HUNTER D. COLLINS (#1279773), Petitioner, V. ACTION NO. 2:16CV294 HAROLD W. CLARKE, Director of tlie Virginia Department of Corrections, Respondent. FINAL ORDER This matter was initiated by petition for a writ ofhabeas corpus under 28 U.S.C. § 2254. The petition alleges violation ofpetitioner's constitutional rights pertaining to his convictions in 2013 in Norfolk Circuit Court for unlawful wounding, first degree murder, five counts of discharging a firearm in public and use of a firearm during the commission of a felony. As a result of the convictions, petitioner was sentenced to serve 36 years in prison. The petition was referred to a United States Magistrate Judge for report and recommendation pursuant to the provisions of28 U.S.C. § 636(b)(1)(B) and (C) and Local Civil Rule 72 ofthe Rules of the United States District Court for the Eastern District of Virginia. The Magistrate Judge's Report and Recommendation filed December 16,2016, recommends dismissal ofthe petition with prejudice. The Report and Recommendation advised Petitioner of his right to object and the time limit for doing so. The Court has received no objections, and the time for filing objections has now expired. Accordingly, the Court does hereby accept the findings and recommendations set forth in the Report and Recommendation filed December 16, 2016, and it is therefore ORDERED that respondent's Motion to Dismiss be GRANTED, and that the petition be DENIED and DISMISSED with prejudice. 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 (30) days from the date of entry of such judgment. Petitioner has failed to demonstrate a substantial showing of the denial of a constitutional right, 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. l23S.Ct. 1029,1039(2003). The Clerk is directed to mail a copy of this Final Order to petitioner and provide an electronic copy of the Final Order to counsel of record for respondent. ARENDA L. WRIGHT ALLEN UNITED STATEStJTCTRICT JUDGE Norfolk, Virginia tf if ,2017

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