Copeland v. Clarke

Filing 24

FINAL ORDER. 15 Motion to Dismiss is GRANTED, and the 1 Petition for a Writ of Habeas Corpus is DENIED and DISMISSED with prejudice. It is ORDERED that Judgment be entered in favor of Respondent. Signed by District Judge Arenda L. Wright Allen on 9/24/2018. Copies mailed 9/24/2018. (jmey, )

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

SENTRELL LEVERT COPELAND, #1416753,
Petitioner,
V.

ACTION NO.

2:17cv93

HAROLD W. CLARKE,

Director, Virginia Department of Corrections,
Respondent.

FINAL ORDER

Petitioner Sentrell Levert Copeland, a Virginia inmate, filed a pro se petition pursuant to

28 U.S.C. § 2254 alleging that his federal rights were violated resulting in an involuntary plea of
guilty to malicious wounding. ECF No. 1. On October 3, 2011, Copeland was sentenced in the
Circuit Court for the City of Norfolk to serve ten years for the malicious wounding conviction and
three years for the resulting probation violation.
The petition was referred to a United States Magistrate Judge for a 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

Magistrate Judge's Report and Recommendation (ECF No. 23) proposes that Respondent's

Motion to Dismiss (ECF No. 15) be granted, and that the petition for a writ of habeas corpus be
denied and dismissed with prejudice. The Court has received no objections to the Report and
Recommendation, and the time for filing objections has expired.

The Court accepts the findings and recommendations set forth in the Report and
Recommendation filed July 3, 2018.

Respondent's Motion to Dismiss (ECF No. 15) is

GRANTED, and the petition for a wrh of habeas corpus is denied and dismissed with prejudice.
It is ORDERED that Judgment be entered in favor of Respondent.

Petitioner may appeal from the Judgment entered pursuant to this Final Order by filing a
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.
Petitioner has failed to demonstrate "a substantial showing of the denial of a constitutional

right," and the Court declines to issue any certificate of appealability pursuantto Rule 22(b) of the
Federal Rules of Appellate Procedure. See Miller-El v. Cockrell, 537 U.S. 322, 336 (2003).
The Clerk shall mail a copy of this Final Order to Petitioner and to counsel of record for
Respondent.

nida L. Wright Allen
United States District Judge
Norfolk, Virginia

,

2018