v. Albritton et al

Filing 22

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, )

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA MAR -6 Norfolk Division DEVINCHE JAVON ALBRITTON, #317524, Petitioner, CIVIL ACTION NO. V. 2:16cv737 HAROLD W. CLARKE, Director, Virginia Department of Corrections, Respondent. FINAL ORDER 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. The 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 Moot. 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, 335-36 (2003). The Clerk shall mail a copy of this Final Order to Petitioner and counsel of record for Respondent. It is so ORDERED. Arenda L.(wright^llen United StaresJ&ig^nct Judge ARENDA L. WRIGHT ALLEN UNITED STATES DISTRICT JUDGE Norfolk, Vircinia March ^^r^io18

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