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, )

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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 ยง 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

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