Jackson v. Clarke
Filing
28
FINAL ORDER. It is ORDERED that the Court does hereby ADOPT and APPROVE the findings and recommendations set forth in the 12 Report and Recommendation filed May 3, 2019. It is therefore, ORDERED that Respondent's Motion to Dismiss is GRANTED, and the Petition is DENIED and DISMISSED WITH PREJUDICE. It is further ORDERED that Judgment be entered in favor of Respondent. A certificate of appealability is DENIED. Petitioner is ADVISED that be may seek a certificate from the United States Court of Appeals for the Fourth Circuit by filing a written notice of appeal with the Clerk of the United States District Court within thirty (30) days. Signed by District Judge Arenda L. Wright Allen on 9/4/2019. Copies mailed 9/4/2019. (jmey, )
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division
DONALD CORNELIUS JACKSON,
Petitioner,
V.
Civil Action No. 2:18-cv-179
HAROLD W.CLARKE,Director,
Virginia Department of Corrections,
Respondent.
FINAL ORDER
Before the Court is a Petition for a Writ of Habeas Corpus filed pursuant to 28 U.S.C. §
2254 and the Respondent's Motion to Dismiss the Petition. In his Petition, the pro se Petitioner
appears to make three main claims. First, Petitioner contests the calculation of good time credit
for the days he served in Henrico County Jail. Second, Petitioner appears to allege that when he
was transferred to the Virginia Department of Corrections(VDOC)he was identified as an ESC
Level II instead of an ESC Level I and was not provided the same opportunity as other offenders
in VDOC to enter VDOC as a Level I offender related to his good time credit calculation. Lastly,
Petitioner appears to argue that VDOC violated Petitioner's right to due process by failing to notify
him ofthe reason for unfavorable changes to his ESC Level.
The Petition was referred to a United States Magistrate Judge for 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 was filed May 3, 2019 and recommends
dismissal of the Petition with prejudice. ECF No. 21. On May 20, 2019, Petitioner timely filed
objections to the Report and Recommendation. ECF No. 23. Respondent has not responded to
Petitioner's objections and the time to do so has expired.
The Court, having reviewed the record and examined the objections filed by Petitioner to
the Report and Recommendation, and having made de novo findings with respect to the portions
objected to, does ADOPT and APPROVE the findings and recommendations set forth in the
Report and Recommendation filed May 3, 2019. It is, therefore, ORDERED that Respondent's
Motion to Dismiss, ECF No. 12, is GRANTED, and the Petition, ECF No. 1, is DENIED and
DISMISSED WITH PREJUDICE. It is further ORDERED that Judgment be entered in favor
of Respondent.
Finding that the procedural basis for dismissal of Petitioner's § 2254 petition is not
debatable, and alternatively finding that Petitioner has not made a "substantial showing of the
denial of a constitutional right," a certificate of appealability is DENIED. 28 U.S.C. § 2253(c);
see Rules Gov.§ 2254 Cases in U.S. Dist. Cts. 11(a); Miller-El v. Cockrell,537 U.S. 322,335-38
(2003); Slack V. McDaniel, 529 U.S. 473,483-85(2000).
Petitioner is ADVISED that because a certificate of appealability is denied by this Court,
he may seek a certificate from the United States Court of Appeals for the Fourth Circuit. Fed.
Rule App. Proc. 22(b); Rules Gov. § 2254 Cases in U.S. Dist. Cts. 11(a). If Petitioner intends to
seek a certificate of appealability from the Fourth Circuit, he must do so within thirty(30) days
from the date of this Order. Petitioner may seek such a certificate by filing a written notice of
appeal with the Clerk of the United States District Court, United States Courthouse, 600 Granby
Street, Norfolk, Virginia 23510.
The Clerk shall please forward a copy of this Final Order to Petitioner Donald Cornelius
Jackson and to counsel of record for the Respondent.
It is so ORDERED.
Aren3l"WnghCAIlen
United States District Judge
Norfolk, Virginia
^2019
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