Murphy v. Andrews

Filing 24

FINAL ORDER. It is ORDERED that Respondent's 11 Motion to Dismiss, which was converted into and construed as a Motion for Summary Judgment is GRANTED; the 1 Petition is DENIED and DISMISSED with prejudice. Judgment shall be entered in favor of Respondent. Signed by District Judge Arenda L. Wright Allen on 6/3/2021. Copies mailed 6/4/2021. (jmey, ) Modified on 6/4/2021 to edit docket text. (jmey, )

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

PATRICK COKAY MURPHY, #91937-083,
Petitioner,
v.

ACTION NO. 2:19cv683

WARDEN J. ANDREWS,
Respondent.

FINAL ORDER
This matter was initiated by petition for a writ of habeas corpus pursuant to
28 U.S.C. § 2241. ECF No. 1. Petitioner Patrick Cokay Murphy, a federal inmate
housed at the Petersburg Federal Correctional Complex, alleges that he was denied
due process when, following a disciplinary hearing held October 25, 2018, he did not
receive the written statement of the disciplinary hearing officer. Id. at 2–3, 18, 20.
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
on April 19, 2021, and recommends dismissal of the petition with prejudice. The Court
has received no objections to the Report and Recommendation and the time for filing
objections has expired.

Accordingly, the Court accepts the findings and recommendations set forth in
the Report and Recommendation, and it is ORDERED that Respondent’s Motion to
Dismiss, which was converted into and construed as a Motion for Summary
Judgment, ECF No. 11, is GRANTED; the petition, ECF No. 1, is DENIED and
DISMISSED with prejudice. Judgment shall be entered in favor of Respondent.
Mr. Murphy has failed to demonstrate “a substantial showing of the denial of
a constitutional right,” and no certificate of appealability pursuant to Rule 22(b) of
the Federal Rules of Appellate Procedure is issued. See Miller-El v. Cockrell, 537 U.S.
322, 327, 335–36 (2003).
Because a certificate of appealability is denied, Mr. Murphy may seek a
certificate from the United States Court of Appeals for the Fourth Circuit. Fed. R.
App. P. 22(b); Rules Gov. § 2254 Cases in U.S. Dist. Cts. 11(a). If Mr. Murphy
intends to seek a certificate of appealability from the Fourth Circuit, he
must do so within thirty days from the date of this Final Order. Mr. Murphy
may seek such a certificate by filing a 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 Mr. Patrick Cokay Murphy and to counsel of record for Respondent.

____________________/s/______________________
Arenda L. Wright Allen
United States District Judge
Norfolk, Virginia
June 3, 2021
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