Tyler v. Clarke

Filing 18

ORDER. 17 Report and Recommendations is ADOPTED. 13 Motion to Dismiss is DENIED, without prejudice. This action is STAYED and HELD IN ABEYANCE for six months or until the petitioner's state claims are exhausted, whichever occurs first. The Clerk is DIRECTED to send a copy of this Order to all counsel of record. Signed by District Judge Jamar K. Walker on 8/29/2024. Copies mailed 8/29/2024. (jmey)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division
NIKIKE NAMAR TYLER,
Petitioner,
v.

Case No. 2:23-cv-253

CHADWICK DOTSON, Director of
Virginia Department of Corrections,
Respondent.
ORDER

Petitioner Nikike Namar Tyler seeks a writ of habeas corpus pursuant to 28
U.S.C. § 2254, challenging his 2022 convictions in the Circuit Court for Henrico
County, Virginia for conspiracy to distribute a Schedule I or II controlled substance,
conspiracy to distribute more than five pounds of marijuana, conspiracy to conduct
money laundering, and continuing a criminal enterprise. Respondent Chadwick
Dotson, Director of the Virginia Department of Corrections, moved to dismiss the
petition. ECF No. 13.
Before the Court is an unopposed Report and Recommendation, in which the
Honorable Douglas E. Miller, United States Magistrate Judge, concluded that the
respondent’s motion to dismiss should be denied, without prejudice, and the petition
should be stayed and held in abeyance for six months or until his state claims are
exhausted, whichever occurs first. ECF No. 17.
Judge Miller advised the parties of their rights to object to his findings and
recommendations and explained that failure to timely file an objection would result

in a waiver of appeal from a judgment of this Court based on such findings and
recommendations. ECF No. 17 at 9 (citing Thomas v. Arn, 474 U.S. 140 (1985); Carr
v. Hutto, 737 F.2d 433 (4th Cir. 1984); United States v. Schronce, 727 F. 2d 91 (4th
Cir. 1984)). The time to file an objection has expired, and neither party objected to
the Report and Recommendation.
In the absence of a specific written objection, this Court may adopt a
Magistrate Judge’s recommendations without conducting a de novo review, unless
the recommendations are clearly erroneous or contrary to law. Fed. R. Civ. P. 72(b)(2);
Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir.1982) (citations omitted); Diamond v.
Colonial Life & Accident Ins. Co., 416 F.3d 310, 316 (4th Cir. 2005).
The Court has reviewed Judge Miller’s findings and recommendations and
found no clear error. Accordingly, the Report and Recommendation (ECF No. 17) is
ADOPTED.
The respondent’s Motion to Dismiss (ECF No. 13) is DENIED, without
prejudice. This action is STAYED and HELD IN ABEYANCE for six months or until
the petitioner’s state claims are exhausted, whichever occurs first.
The Clerk is DIRECTED to send a copy of this Order to all counsel of record.
IT IS SO ORDERED.

/s/
Jamar K. Walker
United States District Judge
Norfolk, Virginia
August 29, 2024
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