Fitzgerald et al
FINAL ORDER. It is ORDERED that 10 Motion to Dismiss is GRANTED, and that the 1 Petition for Writ of Habeas Corpus be DENIED and DISMISSED without prejudice. Signed by District Judge Mark S. Davis on 1/12/2018. Copies mailed 1/12/2018. (jmey, )
JAN 1 2 2018
CLERK. US D'STRICT COURT
Virginia Department of Corrections,
This matter was initiated by petition for a
corpus under 28 U.S.C.
writ of habeas
The petition alleges violation of
Petitioner's constitutional rights pertaining to his convictions on
in the Richmond Circuit Court for possession of a
commission of a felony,
and malicious wounding. As a result of the
convictions Petitioner was sentenced to serve a total of 28 years
in prison with 16 years suspended,
leaving a total time to serve of
The petition was referred to a United States Magistrate Judge
and Local Civil Rule 72 of the Rules
The Magistrate Judge's Report and Recommendation filed
prejudice as a result of unexhausted claims asserting Fitzgerald's
The Report and Recommendation advised Petitioner
of his right to object and the time limit for doing so.
has received no objections, and the time for filing objections has
the Court does hereby accept the findings and
recommendations set forth in the Report and Recommendation filed
and i t is therefore ORDERED
Motion to Dismiss be GRANTED, and that the petition be DENIED and
DISMISSED without prejudice.
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,
Norfolk, Virginia 23510, within thirty (30)
600 Granby Street,
days from the date of
entry of such judgment.
Petitioner has failed to demonstrate a substantial showing of
the denial of a constitutional right,
the Court declines
to issue any certificate of appealability pursuant to Rule 22(b) of
The Clerk is directed to mail a copy of this Final Order to
Petitioner and provide an electronic copy of the Final Order to
counsel of record for Respondent.
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