Ames v. Director, Department of Corrections

Filing 17

FINAL ORDER. The Court does hereby ADOPT and APPROVE the findings and recommendations set forth in the 14 Report and Recommendation filed April 13, 2016. It is ORDERED that the Respondent's 6 Motion to Dismiss be GRANTED, and that the 1 Petition for Writ of Habeas Corpus be DENIED and DISMISSED WITH PREJUDICE. It is further ORDERED that judgment be entered in favor of the Respondent. Signed by District Judge Arenda L. Wright Allen on 8/16/2017. Copies mailed 8/16/2017. (jmey, )

filed
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

AUG 1 6 2017

CU.RK,^^^j^STHiCT COURT
VA

WILLIAM COLBORNE AMES, JR.,

Petitioner,
V.

ACTI0NN0.2:16cv492

HAROLD W. CLARKE, Director,

Virginia Department of Corrections,
Respondent.

FINAL ORDER

Before the Court is a Petition for a Writ of Habeas Corpus filed pursuant to 28 U.S.C. §
2254 and the Respondent's Motion to Dismiss the Petition. In his Petition, the pro se Petitioner
alleges violations of his constitutional rights in relation to his conviction for Aggravated
Malicious Wounding on March 8, 2013, in the Circuit Court for the City of Newport News,

which resulted in a sentence of seventy-five (75) years in prison, with twenty years suspended.
The Petition was referred to a United States Magistrate Judge for report and
recommendation pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and (C) and Local Civil

Rule 72 of the Rules of the United States District Court for the Eastern District of Virginia. The
Magistrate Judge's Report and Recommendation filed April 13, 2017, recommends dismissal of
the Petition with prejudice. On May 11,2017, the Petitioner timely filed objections to the Report

and Recommendation.' The Respondent has not responded to the Petitioner's objections and the
time to do so has expired.

' The Report and Recommendation was returned to the Clerk's Office by Red Onion State Prison as undeliverable,
even though it was mailed to Petitioner at Sussex II State Prison. EOF No. 15.

The Clerk's Office resent the

Reportand Recommendation to Petitioner on April28,2017 and updated the deadline to respond to May 12,2017.

The Court, having reviewed the record and examined the objections filed by Petitioner to
the Report and Recommendation, and having made ^ novo findings with respect to the portions
objected to, does hereby ADOPT and APPROVE the findings and recommendations set forth in
the Report and Recommendation filed April 13, 2016. It is, therefore, ORDERED that the
Respondent's Motion to Dismiss, ECF No. 6, be GRANTED, and that the Petition, ECF No. 1,
be DENIED and DISMISSED WITH PREJUDICE. It is further ORDERED that judgment
be entered in favor of the Respondent.
The 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.
The Petitioner has failed to demonstrate a substantial showing of the denial of a
constitutional right, and 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.
537 U.S. 322,335-36 (2003).

The Clerk shall mail a copy of this Final Order to Petitioner and to counsel of record for
the Respondent.
It is so ORDERED.

Arenda L. V^ght Allen
United Stales District JudgB
Arenda Wright Allen
United States District Judge

Augusti(f2017