Davis v. Sessions et al

Filing 75

FINAL ORDER. It is ORDERED that 54 Motion to Consolidate and Motion to Consolidate (2:18cv104, ECF No. 16) are GRANTED and the Clerk is DIRECTED TO CONSOLIDATE the two cases under Case No. 2:17cv514. The 1 Petition, 22 Supplemental Petition and Petition (2:18cv104, ECF No. 1) are DISMISSED AS MOOT. All remaining pending motions ( 27 , 28 , 36 , 37 , 40 , 41 , 42 , 43 , 44 , 45 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 58 , 61 , 62 and ECF Nos. 3-4, 8-9, 11-12, 16-19, 2 3, 25, 27 in Case No. 2:18cv104) are TERMINATED AS MOOT. The case is DISMISSED without prejudice to Davis' right to refile in the appropriate court any claims he has under 28 U.S.C. § 2255 related to his conviction and sentence. Signed by District Judge Mark S. Davis on 10/9/2018. Copies mailed 10/9/2018. (jmey, )

FLED
UNITED

STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGIl
Norfolk Division

WILLIAM SCOTT DAVIS,

JR.,

OCT - 9 2018

#84944-083,

CLERK, US DISTRICT COURT
NORFOLK. VA

Petitioner,

V.

ACTION NO. 2:17CV514

JEFF SESSIONS,

U.S. Attorney General,

et al.,

Respondents.

FINAL

Petitioner

William

Scott

ORDER

Davis

("Davis"

or

"Petitioner")

originally filed a petition for a writ of habeas corpus (Case No.
2:17cv514) on September 22, 2017, while incarcerated at Piedmont
Regional

Jail

in

Farmville,

Virginia.

He

was,

at

that

time,

awaiting trial in the U.S. District Court for the Eastern District
of

North

Carolina

on

charges

related

to

cyberstalking

communicating threats by interstate and foreign means.
Petition^ under 28 U.S.C.

pretrial

§ 2241,

detention and the

and

Davis'

challenges both the fact of his

conditions

of

that

detention.

On

February 23, 2018, Davis filed a second § 2241 Petition (Case No.
2:18cvl04) alleging substantially similar claims.
On

March

22,

2018,

Davis

was

convicted

on

charges

of

^ And a "Supplemental Petition," filed in the same case (ECF No. 22). The court
considers both documents together to constitute his Petition.
See Erickson v.
Pardus, 551 U.S. 89, 94 (2007) (noting that pleadings from pro se parties should
be "liberally construed").

threatening communications.

He was then transferred to a federal

prison in Maryland to serve the 12-year prison term included in his
sentence.
both

his

Following his conviction, Davis sought to consolidate
habeas

cases

and

transfer

the

consolidated

case

to

Maryland.

Both matters were 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

Report and Recommendation of the Magistrate Judge filed on August
20, 2018, recommends the court grant Davis' Motions to Consolidate
{Case No. 2:17cv514, ECF No. 54; Case No. 2:18cvl04, ECF No. 16).

The Report also recommends dismissing as moot Davis'

original

Petition and Supplemental Petition (Case No. 2:17cv514, ECF Nos. 1,
22)

and his

Petition filed in Case No.

2;18cvl04

(ECF No.

1) .

Finally, the Report recommends temndinating as moot the remaining 34
pending motions (Case No. 2:17cv514, ECF Nos. 27-28, 36-37, 40-45,
49-56,
12,

58,

16-19,

61-62,; and Case No.
23,

25,

2;18cvl04,

ECF Nos.

3-4,

8-9,

11-

27).

By copy of the Report, each party was advised of his right to
file written objections to the findings and recommendations made by
the Magistrate Judge.

On September 11, 2 018, the court received

Petitioner's Objections to Magistrate's Report and Recommendation
(Case No.

2:17cv514,

ECF No.

73; Case No.

2:18cvl04,

ECF No.

33).

The Respondent has filed no response to the objections and the time
2

for responding has now expired.

The

court,

having

reviewed

the

record

and

examined

the

objections filed by the petitioner to the Magistrate Judge's Report

and having made ^
objected

to,

does

recommendations

novo findings with respect to the portions
hereby

set

adopt

forth

in

and

the

approve

Report

Magistrate Judge filed August 20, 2018.

the Report,
1.

to Consolidate

(2:18cvl04,

1)

The

Petition

(2:17cv514,

United

States

54)

two cases under Case No.

22)

and Motion

16) are GRANTED and the Clerk is

{2:17cv514,

ECF No.

ECF No.

ECF

No.

and Petition

1),

2:17cv514.

Supplemental

(2:18cvl04,

ECF No.

are DISMISSED AS MOOT.

3.
45,

the

and

For the reasons stated in

{2:17cv514,

ECF No.

DIRECTED t o CONSOLIDATE the

Petition

of

findings

it is therefore ORDERED as follows:

Motion to Consolidate

2.

the

All remaining pending motions (ECF Nos. 27-28, 36-37, 40-

49-56,

11-12,

58,

16-19,

61-62,

23,

25,

in Case No.

21,

2:17cv514; and ECF Nos.

in Case No.

2:18cvl04)

3-4,

8-9,

are TERMINATED AS

MOOT.

4.

The case is DISMISSED without prejudice to Davis' right

to refile
U.S.C.

§

in the appropriate court any claims he has under 28

2255 related to his conviction and sentence.

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 (60)
3

days from the date of

entry of such judgment.
Petitioner has 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)
V.

of the Federal Rules of Appellate Procedure.

Cockrell,

123 S.Ct.

1029,

1039

See Miller-El

(2003).

The Clerk shall mail a copy of this Final Order to petitioner
and provide an electronic copy of the Final order to counsel of
record for respondent.

MARK S.
UNITED

Norfolk, Virginia

^ ,2018

DAVIS,
STATES

DISTRICT JUDGE