Lunsford v. Clarke

Filing 18

FINAL ORDER. It is ORDERED that 6 Motion to Dismiss is GRANTED, and that the 1 Petition for Writ of Habeas Corpus is DENIED and DISMISSED as untimely. It is further ORDERED that judgment be entered in favor of Respondent. Signed by Chief District Judge Rebecca Beach Smith on 1/22/2018. Copies mailed 1/22/2018. (jmey, )

UNITED STATES DISTRICT COURT

THE EASTERN DISTRICT OF VIRGINIA |
Norfolk Division

KEITH DONALDO LUNSFORD,

22 2018

i

# 1408264,

Petitioner,
V.

ACTION NO.

HAROLD W.

2:17cv49

CLARKE,

Director of the D.O.C.,

Respondent.

FINAL ORDER

This matter was initiated by petition for a
corpus pursuant to 28 U.S.C.

Virginia inmate,

§ 2254.

ECF No.

Court for the City of Hampton.
was

1.

Petitioner,

a

alleges violations of federal rights pertaining

to his convictions and sentence on May 5,

petitioner

writ of habeas

sentenced

to

As a

serve

2009,

in the Circuit

result of the convictions,
life

plus

33

years

in

the

Virginia penal system.

The

petition

Judge

for

of

U.S.C.

the

28

Rules

report

of

District

of

December

14,

§

was

referred

a

United

and recommendation pursuant

636(b)(1)(B)

the

to

United

and

States

Virginia.

The

2017,

recommends

(C)

States
to

and Local

District

Report
that

and

Court

Magistrate

the provisions

Civil
for

Rule
the

Recommendation,

Respondent's

Dismiss the petition as untimely be granted.

72

of

Eastern

filed

Motion

to

Each

party

was

objections

to

Magistrate

Judge.

Petitioner's

the

advised

findings
On

of

to

to

file

written

recoiranendations

and

December

objections

his

made

by

18,

the

right

2017,

Report

the

and

Court

the

received

Recommendation.

ECF

No. 16. Petitioner objected to the Report and Recommendation for
the same reasons

advanced in Petitioner's Reply to Respondent's

Motion to Dismiss.

Petitioner did not attack any specific error

in

Judge's

the

Magistrate

required.
Cir.

Report

and

Recommendation,

See United States v. Midgette,

2007)

("Section

generalized

636 (b)(1)

objection

magistrate judge;

to

does

cover

478 F,3d 616,

not

all

countenance

issues

as
621

a

is
(4th

form

addressed

by

of

the

i t contemplates that a party's objection to a

magistrate judge's report be specific and particularized.").

In

any

event,

the

Court

has

made

a

concludes that the petition is untimely.

^

novo

review and

Accordingly,

the Court

does hereby accept the findings and recommendations set forth in
the Report

and Recommendation,

and i t

is

Respondent's Motion to Dismiss is GRANTED,

is DENIED and DISMISSED as untimely.

therefore ORDERED that

and that the petition

It is further ORDERED that

judgment be entered in favor of Respondent.

Petitioner may appeal from 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 sixty days from the date

of entry of such judgment.

The

Clerk

shall

forward

a

copy

of

this

Final

Order

counsel of record for Petitioner and Respondent.

Isl

Rebecca Beach Smith

Chief Judge
Rebecca Beach Smith
CHIEF UNITED STATES DISTRICT JUDGE

Norfolk, Virginia
January
, 2018

to