Jefferson v. Clarke

Filing 32

FINAL ORDER. The Court ORDERS that the respondent's 12 Motion to Dismiss is GRANTED, and the petition for writ of habeas corpus as amended is DENIED and DISMISSED WITH PREJUDICE. The Court further ORDERS that judgment be entered in favor of respondent. Signed by Chief District Judge Rebecca Beach Smith on 7/28/2017. Copies mailed 7/28/2017. (jmey, )

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Norfolk Division

DARRYL LAMONT JEFFERSON,

#1050715,

Petitioner,
V.

ACTION NO.

HAROLD W.

2:16cv572

CLARKE,

Director of the Virginia
Department of Corrections,
Respondent.

FINAL

ORDER

Petitioner, a Virginia inmate,

filed a pro se petition for a

writ of habeas corpus pursuant to 2 8 U.S.C. § 2254 on September 23,

2016.

ECF No. 1.

Petitioner alleges violations of federal rights

pertaining to his convictions in the Circuit Court for the City of
Richmond, on August 20, 2012, for two counts of first degree murder

and two counts of using a firearm in the commission of a felony.
The matter 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 Rule 72 of the Rules of the United States

District Court for the Eastern District of Virginia.

The report and

recommendation, filed July 5, 2017, recommends that the respondent's
motion to dismiss be granted, and the petition for a writ of habeas
corpus, as amended, be denied and dismissed with prejudice.
26.

ECF No.

Each party was advised of the right to file objections to the
findings and recommendations made by the Magistrate Judge. On July
17, 2017, the Court received petitioner's objections to the report
and recommendation.

The

Court,

ECF No.

having

27.

reviewed

the

record

and

examined

the

objections filed by petitioner to the report and recommendation, and
having made de 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.

ORDERS

that

The Court, therefore,

the respondent's motion to dismiss,

ECF No.

12,

is

GRANTED, and the petition for a writ of habeas corpus, ECF No. 1,
as amended, ECF No. 22, is DENIED and DISMISSED WITH PREJUDICE.

The

Court

the

further

ORDERS

that

judgment

be

entered

in

favor

of

respondent.

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)
V.

of the Federal Rules of Appellate Procedure.

Cockrell,

537 U.S.

Petitioner is

322,

335-36

See Miller-El

(2003).

hereby notified that he may appeal

from

the

judgment entered pursuant to this Final Order by filing a written
notice

of

Courthouse,

appeal
600

with

Granby

the

Clerk

Street,

of

this

Norfolk,

Court,

Virginia

United

States

23510,

within

thirty days from the date of entry of such judgment.
2

The Clerk shall mail a copy of this Final Order to petitioner
and counsel of record for the respondent.

/S/

Rebecca Beach Smith
Chief Judge
Rebecca Beach Smith
CHIEF UNITED STATES DISTRICT JUDGE

Norfolk, Virginia

July ^ , 2017