Powell v. Director, Virginia Department of Corrections

Filing 19

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, )

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FLED UNITED STATES DISTRICT COURT THE EASTERN DISTRICT OP VIRG] JUN 1 6 2017 Norfolk Division CLERK. US DISTRICT COURT VINCENT CRAIG POWELL, #1394622, NORFOLK, VA Petitioner, ACTION NO. V. 2:16cv405 DEPARTMENT OP CORRECTIONS, Respondent. FINAIi This matter was corpus under 28 U.S.C. ORDER initiated by petition for a § 2254. writ of habeas The petition alleges violation of federal rights pertaining to petitioner's convictions for attempted robbery, conspiracy to commit robbery, possession of a sawed-off shotgun, maliciously shooting into an occupied dwelling, and use of a firearm in the commission of a felony on October 30, Circuit Court of Portsmouth. As a petitioner was sentenced to serve a with two years suspended, result of 2014, the in the convictions, total of 33 years in prison leaving an active sentence of 31 years. The matter was referred to a United States Magistrate Judge for Report and Recommendation pursuant U.S.C. § 636(b)(1)(B) and (C) and Rule to 72 the provisions of the Rules of of 28 the United States District Court for the Eastern District of Virginia. The Report and Recommendation dismissal of the petition. filed May 5, 2017 recommends Each party was advised of his right to file written objections to the findings and recommendations made by the Magistrate Judge. On May 30, 2017, the court received petitioner's Objections to the Report and Recommendation. The respondent filed no response to the objections and the time for responding has now expired. The court, having reviewed the record and examined the objections filed by petitioner to the Report and Recommendation, and having made ^ objected to, novo findings with respect to the portions does hereby adopt and approve the findings and 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 from the judgment entered pursuant to this Final Order by filing a written notice of appeal Courthouse, 600 with the Clerk of Granby Street, this Norfolk, court. Virginia United States 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 Cockrell, Rules 123 S.Ct. of Appellate 1029, 1039 Procedure. (2003). See Miller-El v. 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. /s/ REBECCA BEACH SMITH CHIEF UNITED STATES Norfolk, Virginia 201^ DISTRICT JUDGE

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