Prince v. Hester

Filing 19

FINAL ORDER. It is ORDERED that the Court does hereby ADOPT and APPROVE the findings and recommendations set forth in the Report and Recommendation filed March 21, 2018. It is therefore ORDERED that the petition be DENIED and DISMISSED. It is further ORDERED that judgment be entered in favor of Respondent. Signed by District Judge Raymond A. Jackson on 4/30/2018. Copies mailed 5/1/2018. (jmey, )

FILED

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

ROBERT LINWOOD PRINCE, #1146972,

CLERK. US D'STRiCr COURT
NO^TOi.K. VA

Petitioner,
ACTION NO.

V.

2:17cv7

HAROLD W. CLARKE, Director,

Virginia Department of Corrections,
Respondent.

FINAL ORDER

Before the Court is a Petition and Amended Petition for a Writ of Habeas Corpus (ECF
Nos. 1 and 4) filed pursuant to 28 U.S.C. § 2254 and the Respondent's Motion to Dismiss (ECF
No. 13). Petitioner alleges violations of his constitutional rights in relation to his convictions in

the Petersburg Circuit Court for obstruction of justice and possession of cocaine. As a result of
the convictions, Petitioner was sentenced on June 10, 2014, to serve a total of eleven years of
incarceration, with eight years suspended.
The matter was referred to a United States Magistrate Judge for report and
recommendation pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and (C) and Local Civil

Rule 72 of the Rules of the United States District Court for the Eastern District of Virginia.

The

Report and Recommendation filed March 21, 2018, recommends dismissal of the Petition with

prejudice. ECF No. 17. Each party was advised of his right to file written objections to the
findings and recommendations made by the Magistrate Judge. On April 5, 2018, the Petitioner
timely filed objections to the Report and Recommendation. 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
March 21,2018.

Petitioner has simply repeated the claims he made in his original petition, and 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 the Federal Rules of
Appellate Procedure. See Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003). It is, therefore,
ORDERED that the petition be DENIED and DISMISSED.

It is further ORDERED that

judgment be entered in favor of Respondent.
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 Granby Street, Norfolk, Virginia 23510, within thirty days from the date of entry
of such judgment.

The Clerk shall mail a copy of this Final Order to Petitioner and counsel of record for
Respondent.

Raymond ATJs

United States District Jik^
RAYMOND A. JACKSON

UNITED STATES DISTRICT JUDGE

Norfolk, Virginia
April 30,2018