Powell v. Director, Virginia Department of Corrections
FINAL ORDER. It is ORDERED that 11 Motion to Dismiss be GRANTED and the Petitioner's 1 Petition for Writ of Habeas Corpus be DENIED and DISMISSED with prejudice. Signed by Chief District Judge Rebecca Beach Smith on 6/16/2017. Copies mailed 6/16/2017. (jmey, )
UNITED STATES DISTRICT COURT
THE EASTERN DISTRICT OP VIRG]
JUN 1 6 2017
CLERK. US DISTRICT COURT
VINCENT CRAIG POWELL,
DEPARTMENT OP CORRECTIONS,
This matter was
corpus under 28 U.S.C.
initiated by petition for a
writ of habeas
The petition alleges violation of
federal rights pertaining to petitioner's convictions for attempted
conspiracy to commit robbery,
possession of a
shotgun, maliciously shooting into an occupied dwelling, and use of
a firearm in the commission of a felony on October 30,
petitioner was sentenced to serve a
with two years suspended,
total of 33 years in prison
leaving an active sentence of 31 years.
The matter was referred to a United States Magistrate Judge
Report and Recommendation pursuant
United States District Court for the Eastern District of Virginia.
dismissal of the petition.
Each party was advised of his right to
file written objections to the findings and recommendations made by
petitioner's Objections to the Report and Recommendation.
respondent filed no response to the objections and the time for
responding has now expired.
objections filed by petitioner to the Report and Recommendation,
and having made ^
novo findings with respect to the portions
recommendations set forth in the Report and Recommendation filed
May 5, 2017.
It is, therefore, ORDERED that Respondent's Motion to
Dismiss be GRANTED and the Petitioner's petition be DENIED and
DISMISSED with prejudice.
Petitioner is hereby notified that he may appeal
judgment entered pursuant to this Final Order by filing a written
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 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.
CHIEF UNITED STATES
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