McKendrick v. Clarke
FINAL ORDER. It is ORDERED that 8 Motion to Dismiss is GRANTED, and the the 1 Petition for Writ of Habeas Corpus be DENIED and DISMISSED with prejudice. Signed by Chief District Judge Rebecca Beach Smith on 3/28/2017. Copies mailed 3/28/2017. (jmey, )
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Virginia Department of Corrections,
This matter was initiated by petition for a
corpus under 28 U.S.C. § 2254.
writ of habeas
The petition alleges violation of
petitioner's constitutional rights pertaining to his convictions in
in Fairfax County Circuit Court for carnal knowledge of a
As a result of the convictions, petitioner was sentenced to
serve ten years in prison with eight years suspended,
active total prison term of two years.1
The petition was referred to a United States Magistrate Judge
for report and recommendation pursuant
to the provisions of 28
and Local Civil Rule 72 of the Rules
The Magistrate Judge's Report and Recommendation filed
^ Resp't's Br.
in Supp. Mot. Dismiss 1
10, at 1).
currently serving a sixty year sentence with fifty-six years suspended following
his conviction and sentencing on related charges in Chesterfield County. This
Court dismissed Petitioner's federal habeas petition regarding his Chesterfield
convictions on November 29, 2016. McKendrick. v. Clarke, No. 2:16cv224, 2016 WL
(E.D. Va. Nov.
The Report and Recommendation advised Petitioner of his
right to object and the time limit for doing so.
The Court has
received no objections, and the time for filing objections has now
the Court does hereby accept the findings
recommendations set forth in the Report and Recommendation filed
and i t is therefore ORDERED that respondent's
Motion to Dismiss be GRANTED,
and that the petition be DENIED and
DISMISSED with prejudice.
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.
Petitioner has failed to demonstrate a substantial showing of
the denial of a constitutional right, therefore, the Court declines
to issue any certificate of appealability pursuant to Rule 22(b) of
123 S.Ct. 1029,
The Clerk is directed to mail a copy of this Final Order to
petitioner and provide an electronic copy of the Final Order to
counsel of record for respondent.
CHIEF UNITED STATES DISTRICT JUDGE
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