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, )

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