Hegamyer v. Clarke

Filing 21

FINAL ORDER. It is ORDERED that the Court ADOPTS and APPROVES 20 Report and Recommendations in its entirety as the Court's own opinion. 14 Motion to Dismiss is GRANTED, and the 1 Petition is DENIED and DISMISSED WITH PREJUDICE. It is ORD ERED 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 Robert G. Doumar on 9/7/2021. Copies mailed 9/8/2021. (jmey, )

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Case 2:19-cv-00644-RGD-LRL Document 21 Filed 09/07/21 Page 1 of 2 PageID# 156 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division DOUGLAS NEIL HEGAMYER,#1369700 Petitioner, V. ACTION NO.2:19-cv-644 HAROLD W. CLARKE,Director, Virginia Department of Corrections, Respondent. FINAL ORDER Before the Court is a petition for a writ of habeas corpus, ECF No. I, filed pursuant to 28 U.S.C. § 2254, and the Respondent's motion to dismiss. ECF No. 17. On January 11, 2018, in the Circuit Court of Gloucester County, Petitioner pled guilty to strangulation, felon in possession of ammunition, and assault and battery of a family member. On April 10, 2018, Petitioner was sentenced to five years imprisonment. In his petition, the pro se Petitioner challenges the constitutionality ofthis conviction and sentence. 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 Procedure 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 July 8, 2021, the Magistrate Judge recommended the motion to dismiss be granted, and the petition be denied and dismissed with prejudice. ECF No. 20. 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. 2 Case 2:19-cv-00644-RGD-LRL Document 21 Filed 09/07/21 Page 2 of 2 PageID# 157 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. 20, in its entirety as the Court's own opinion. Accordingly, the Respondent's motion to dismiss, ECF No. 14, 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. Hoffman 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. Norfolk, Virginia September 2._, 2021 ·� Semor "' , nti�.,.v;;;a- 1&tei<1Dllbict Judge United States District Judge VJ. UJI

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