Sawyer v. Clarke

Filing 13

FINAL ORDER. The Court ORDERS that respondent's 5 Motion to Dismiss is GRANTED, the 1 Petition for Writ of Habeas Corpus is DENIED and DISMISSED WITH PREJUDICE, and petitioner's 9 Motion for Default Judgment is DENIED. The Court further ORDERS the judgment be entered in favor of the respondent. Signed by District Judge Mark S. Davis on 7/28/2017. Copies mailed 7/28/2017. (jmey, )

UNITED

STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

JUL 2 8 2017

Norfolk Division

CLERK. US DiST?i)CT COURT
DAVID W.

SAWYER,

fyCnpOi.K. VA

#1108944,

Petitioner,
ACTION NO.

V.

HAROLD W.

2:16cv592

CLARKE,

Director of the VA.

D.O.C.,

Respondent.

FINAL

ORDER

Petitioner, a Virginia inmate,

filed a pro se petition for a

writ of habeas corpus pursuant to 28 U.S.C. § 2254 on October 6, 2016.
ECF

No.

1.

Petitioner

alleges

violations

of

federal

rights

pertaining to his convictions in the Circuit Court of the City of
Chesapeake,

on November 20,

2009,

for robbery,

and two counts of

possession of a controlled substance.

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.
recommendation,

filed

June

27,

2017,

The report and

recommends

that

the

respondent's motion to dismiss be granted, the petition for a writ
of

habeas

corpus

be

denied

and

dismissed

with

prejudice,

petitioner's motion for default judgment be denied.

and

Each party was advised of the right to file objections to the
findings and recommendations made by the Magistrate Judge, On July
13, 2017, the Court received petitioner's objections to the report
and recommendation.

The

Court,

ECF No.

having

12.

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.

The Court, therefore,

ORDERS that the respondent's motion to dismiss, ECF No. 5, is GRANTED,
the petition for a writ of habeas corpus, ECF No. 1, is DENIED and
DISMISSED

WITH

PREJUDICE,

judgment,

ECF No.

9,

and

petitioner's

is DENIED.

motion

for

default

The Court further ORDERS that

judgment be entered in favor of the 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) of the Federal Rules of Appellate Procedure.
V. Cockrell,

537 U.S.

322,

335-36

See Miller-El

(2003).

Petitioner is 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

the

Clerk

Granby Street,

of

this

Norfolk,

Court,

United

States

Virginia 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.

Mark S. Davis

United States District Judge
Mark S.

Davis

UNITED STATES DISTRICT JUDGE

Norfolk, Virginia
July
, 2017