v. Albritton et al
FINAL ORDER. The Court does hereby ADOPT and APPROVE the findings and recommendations set forth in the 20 REPORT AND RECOMMENDATIONS filed February 1, 2018. It is, therefore, ORDERED that the Respondent's 8 Motion to Dismiss be GRANTED, an d that the 1 Petition be DENIED and DISMISSED WITH PREJUDICE. It is further ORDERED that judgment be entered in favor of Respondent. Petitioner's 18 Motion to Reconsider is DENIED as Moot. Signed by District Judge Arenda L. Wright Allen on 3/5/2018. Copies mailed 3/6/2018. (jmey, )
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
DEVINCHE JAVON ALBRITTON, #317524,
CIVIL ACTION NO.
HAROLD W. CLARKE, Director,
Virginia Department of Corrections,
Petitioner, a Virginia inmate, submitted a pro se petition, pursuant to 28 U.S.C. § 2254.
ECF No. 1. The Petition alleges violations of federal rights pertaining to Petitioner's convictions
in the Circuit Court for the City of VirginiaBeach for Rape and Abduction with Intentto Defile. As
a result of the convictions. Petitioner was sentenced on May 1, 2013, to serve a total term of life
imprisonment and 30 years in the Virginia penal system.
The matter was referred to a United States Magistrate Judge 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 for report and recommendation. The Magistrate Judge's Report
and Recommendation filed February 1, 2018, recommends dismissal of the Petition with
prejudice. ECF No. 20. Each party was advised of his right to file written objections to the
findings and recommendations made by the Magistrate Judge.
On February 20, 2018, the
Petitioner untimely filed objections to the Report and Reconunendation. ECF No. 21.
Respondent has not responded to the Petitioner's objections and the time to do so has expired.
The Court, having 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 filed February 1, 2018. It is, therefore, ORDERED that the
Respondent's Motion to Dismiss, ECF No. 8, be GRANTED, and that the Petition, ECF No. 1, be
DENIED and DISMISSED WITH PREJUDICE. It is further ORDERED that judgment be
entered in favor of Respondent. Petitioner's Motion to Reconsider, ECF No. 18, is DENIED as
Petitioner is hereby notified that he may appeal fi-om 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 Oranby Street, Norfolk, Virginia 23510, within thirty (30) days fi-om the date of
entry of such judgment.
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. See Miller-El v. Cockrell, 537 U.S. 322,
The Clerk shall mail a copy of this Final Order to Petitioner and counsel of record for
It is so ORDERED.
United StaresJ&ig^nct Judge
ARENDA L. WRIGHT ALLEN
UNITED STATES DISTRICT JUDGE
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