Hawkins v. Clarke

Filing 15

FINAL ORDER. It is ORDERED that Respondent's 5 Motion to Dismiss is GRANTED and the 1 Petition for a Writ of Habeas Corpus is DENIED and DISMISSED WITH PREJUDICE. It is further ORDERED that judgment be entered in favor of Respondent. Signed by Chief District Judge Rebecca Beach Smith on 2/7/2018. Copies mailed 2/8/2018. (jmey, )

XJNITED

FOR THE

STATES

DISTRICT

COURT

ED

EASTERN DISTRICT OF VIRGINIA
Norfolk Division

FEB -1 2018
CHARLES HAWKINS,

Cl-EHK. US D'S^RiCT COURl

#1019653,

v'A

Petitioner,
V

ACTION NO.

.

HAROLD W.

2:16cv720

CLARKE,

Director VDOC,

Respondent

FINAL

ORDER

Petitioner, a Virginia inmate,
a

has submitted a petition for

writ of habeas corpus pursuant to 28 U.S.C.

1.

Hawkins alleges violations of

his convictions on February 14,

federal

2013,

convictions,

of

a

Hawkins

firearm
was

by

a

in the Circuit Court for

felon.

sentenced

ECF No,

rights pertaining to

the City of Portsmouth for malicious wounding,
and possession

§ 2254.

to

As

serve

use of a

firearm,

a

result

of

the

18

years

in

the

Virginia penal system with 3 years suspended.
The matter was referred to a

pursuant

to

and Rule

the provisions

72

of

the

Rules

of

of

28

the

United States Magistrate Judge

U.S.C.

Report

recommends

and

that

Recommendation,

Respondent's

636 (b) (1) (B)

United States District

the Eastern District of Virginia for
The

g

Motion

and
Court

(C)
for

report and recommendation.
filed

January

to Dismiss

be

11,

2018,

GRANTED,

and

the petition for a writ of habeas corpus be DENIED and DISMISSED
with prejudice.

Each

ECF No. 13.

party

was

objections

to

Magistrate

Judge.

Hawkins'
14.

the

findings
On

objections

Hawkins

advised

of

the

objected to

to

file

written

recommendations

and

January

to

his

made

by

26,

Report

right

2 018,
and

the

Court

the

received

Recommendation.

ECF

the Report and Recommendation's

No.

finding

that his claims were procedurally defaulted and argues that the
fundamental

miscarriage

default should apply.

The

Court,

objections

and having made
objected

to,

reviewed

by Hawkins
de novo

does

justice

exception

to

procedural

Id.

having

filed

of

to

the

the

findings

with

the

and Recommendation,

respect

ECF

ORDERED that Respondent's Motion to Dismiss,

is GRANTED,

No.

1,

is

the

the portions

It

5,

approve

to

recommendations set forth in the Report and Recommendation.

No.

and

examined

and

therefore,

adopt

Report

and

findings

is,

hereby

record

ECF

and the petition for a writ of habeas corpus,

DENIED

and

DISMISSED

WITH

PREJUDICE.

It

is

further ORDERED that judgment be entered in favor of Respondent.

Hawkins has failed to demonstrate ''a substantial showing of
the denial of a

declines
Rule

to

22(b)

constitutional right,"

issue any certificate of
of

the

Federal

Rules
2

of

and therefore,

the Court

appealability pursuant
Appellate

Procedure.

to
See

Miller-El v. Cockrell,

Hawkins
judgment

is

States

hereby

entered

written notice

537 U.S. 322,

of

Courthouse,

notified

pursuant
appeal
600

to

with

Granby

335-36

that

this

he

(2003).

may

Final

Order

the Clerk of
Street,

appeal

this

Norfolk,

by

from
filing

Court,

Virginia

the
a

United
23510,

within thirty days from the date of entry of such judgment.
The Clerk shall mail a

copy of this Final Order to Hawkins

and counsel of record for Respondent.
Is!

Rebecca Beach Smith

m-

ChiefJudge

Rebecca Beach Smith
CHIEF UNITED

Norfolk, Virginia
February
, 2018

STATES DISTRICT JUDGE