White v. Clarke

Filing 15

FINAL ORDER. It is ORDERED that 11 Motion to Dismiss is GRANTED, and the 1 Petition for a Writ of Habeas Corpus is DENIED and DISMISSED WITH PREJUDICE as barred by the statute of limitations. It is further ORDERED that judgment be entered in favor of Respondent. Signed by Chief District Judge Rebecca Beach Smith on 5/23/2017. Copies mailed 5/23/2017. (jmey, )

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UNITED FOR THE STATES DISTRICT EASTERN DISTRICT COURT FLED OF VIRGINIA Norfolk Division MAY 2 3 2017 DEREK LAMONT WHITE, CLERK, US DISTRICT COURl #1108942, NOHFOLK, VA Petitioner, v. 2:16cv449 ACTION NO. HAROLD CLARKE, Director of the Virginia Dept. of Corrections, Respondent. FINAL This matter was initiated by petition for corpus under 28 U.S.C. violations of convictions his in resulting in a ORDER § 2254. EOF No. constitutional the Circuit sentence, 1. for writ of habeas Petitioner alleges rights Court a pertaining the imposed November 2, City 2012, of to his Norfolk for 68 years in prison with 36 years suspended. The petition Judge for of U.S.C. the 28 Rules District report § of of Recommendation was and referred a United recommendation pursuant 636(b)(1)(B) the to United and (C) District The Magistrate filed April 7, 2 017, Magistrate to provisions and Local States Virginia. States Court the Civil for Judge's recommends Rule the 72 Eastern Report dismissal of of and the petition with prejudice, statute of limitations because the petition is barred by the and Petitioner has he is entitled to equitable tolling. objections to the Report and not demonstrated that The Court has received no Recommendation and the time for filing objections has expired. The Court does recommendations set hereby accept the findings and forth in the Report and Recommendation, and i t is therefore ORDERED that Respondent's motion to dismiss, ECF No. 11, is corpus, GRANTED, ECF No. barred by the 1, and the petition for a writ of habeas is DENIED and DISMISSED WITH PREJUDICE as statute of limitations. It is further ORDERED that judgment be entered in favor of Respondent. Petitioner may appeal from the Judgment entered pursuant to this Final Order by filing a written notice of appeal with the Clerk of Street, this Court, Norfolk, United Virginia States 23510, Courthouse, within thirty 600 days Granby from the date of entry of such judgment. Petitioner has failed to demonstrate "a substantial showing of the denial declines Rule to 22(b) Miller-El V. of a issue of the constitutional any certificate of Federal Cockrell, right," Rules 537 U.S. of 322, therefore, the Court appealability pursuant Appellate 335-36 Procedure. (2003). to See The Clerk shall mail a copy of this Final Order Petitioner and to counsel of record for Respondent. Isl Rebecca Beach Smith Chief Judge m- Rebecca Beach Smith CHIEF UNITED STATES DISTRICT JUDGE Norfolk, Virginia May , 2017 to

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