Clay v. Clarke

Filing 19

FINAL ORDER. The Court ADOPTS and APPROVES 18 Report and Recommendation in its entirety as the Court's own opinion. Accordingly, the Respondent's 11 Motion to Dismiss is GRANTED, and the 1 Petition is DENIED and DISMISSED WITH PREJUD ICE. It is ORDERED that judgment be entered in favor of the Respondent. The Clerk is DIRECTED to forward a copy of this Order to the Petitioner and counsel of record for the Respondent. Signed by District Judge Arenda L. Wright Allen on 10/25/2018. Copies mailed 10/25/2018. (jmey, )

F LED
IN THE UNITED STATES DISTRICT COUP r
FOR THE EASTERN DISTRICT OF VIRGIN A

OCT 2 5 2018

Norfolk Division

CLCHK, LJ S n

CARLTON SYLVESTER CLAY,

Petitioner,
V.

ACTION NO. 2:17-cv-627

HAROLD W. CLARKE, Director,

Virginia Department of Corrections,
Respondent.
FINAL ORDER

Before the Court is a petition for a writ of Iiabeas corpus (ECF No. 1) filed pursuant to 28

U.S.C. § 2254, and the Respondent's motion to dismiss (ECF No. II). Petitioner is currently
incarcerated at Nottaway Correctional Center for a 1999 conviction in the Circuit Court of

Alexandria. In his petition, thepro se Petitioner challenges a 2015 disciplinary proceeding that
resulted in a loss of one hundred and eighty (180) days of his good time credit,
The matter was referred for disposition to a United States Magistrate Judge pursuant to
28 U.S.C. §§ 636(b)(l)(B)-(C), Federal Rule of Civil Procediire 72(b), Local Civil Rule 72, and
the April 2, 2002 Standing Order on Assignment of Certain Matters to United States Magistrate

Judges.

In a Report and Recommendation entered on August 22, 2018 (ECF No. 18), the

Magistrate Judge recommended the motion to dismiss be granted, and the petition be denied and
dismissed with prejudice. The parties were advised of their right to file written objections to the
Report and Recommendation. Neither the Petitioner nor the Respondent filed objections with
the Court.

Having reviewed the record and having heard no objection, the Court agrees with the

Report and Recommendation on the grounds stated by the Magistrate Judge and ADOPTS and
APPROVES the Report and Recommendation (ECF No. 18) in its entirety as the Court's own
opinion. Accordingly, the Respondent's motion to dismiss (ECF No. 11) is GRANTED, and the
Petition (ECF No. 1) is DENIED and DISMISSED WITH PREJUDICE. It is ORDERED
that judgment be entered in favor of the Respondent.
The Petitioner is hereby notified that he may appeal from the judgment entered pursuant
to this Final Order by filing a written notice of appeal with the Clerk of the Court at the Walter
E. Hoffinan United States Courthouse, 600 Granby Street, Norfolk, Virginia 23510, within thirty

(30) days from the date judgment is entered. Because the Petitioner has failed to demonstrate a
substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c) and
Federal Rule of Appellate Procedure 22(b)(1), the Court declines to issue a certificate of
appealability. See Miller-El v. Cockrell, 537 U.S. 322,335-36 (2003).
The Clerk is DIRECTED to forward a copy of this Order to the Petitioner and counsel of

record for the Respondent.

It is so ORDERED.

Arenda L. Wrigh^lAlJen''

United States Distrij/t Judge
Norfolk, Virginia

Date: Set

S.o/f/