Maldonado v. Clarke

Filing 15

FINAL ORDER. It is ORDERED that the Court ADOPTS and APPROVES the 13 Report and Recommendation in its entirety as the Court's own opinion. Accordingly, Respondent's 8 Motion to Dismiss is GRANTED, and the Petition is DENIED and DISMISSE D WITH PREJUDICE. The Motion for Leave to Amend is MOOT. It is further 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 from the Respondent. Signed by District Judge Rebecca Beach Smith on 3/6/2025. Copies mailed 3/6/2025. (jmey)

IN THE UNITED

STATES

DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

OSMAN GIOVANNI ACOSTA MALDONADO,

Petitioner,
2:23cv486

Case No.:

V.

CHADWICK DOTSON,

Respondent.
FINAL

Before

a

Petition

for

filed pursuant to 28 U.S.C.

§ 2254.

ECF No.

the pro

the

se

Court

is

ORDER

Petitioner alleges

a

violations

writ

of

In his

1.

of

habeas

his

corpus

Petition,

constitutional

rights relating to his convictions in Prince William Circuit Court
for

indecent

liberties

Id.

and rape.

with a

child,

aggravated

As a result of these convictions.

pursuant to 28 U.S.C.
Procedure

72(b),

a United States Magistrate Judge

§§ 636(b)(1)(B)-(C),

Local

Civil

Petitioner was

Id.

sentenced to serve life imprisonment.

The matter was referred to

sexual battery.

Rule

72,

Federal Rule of Civil

and

the

April

2,

2002

Standing Order on Assignment of Certain Matters to United States
Magistrate

Judges.

In

January 29,

2025,

ECF No.

that

the

GRANTED,

relief

sought

a

Report

by

13,

and

Recommendation

the Magistrate

Respondent's

Judge

Motion

to

entered

on

recommended
Dismiss

be

and the Petition be DENIED AND DISMISSED WITH PREJUDICE,

with

the

Motion

for

Leave

to

Amend

being

rendered

The

MOOT.

parties were advised of their right to file written objections to
the

Report

and

Neither

Recommendation.

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

the grounds

and Recommendation on

stated by the Magistrate Judge and ADOPTS and APPROVES the Report
and Recommendation

13)

in its entirety as the Court's own

Accordingly, Respondent's Motion to Dismiss

opinion.

is GRANTED,
WITH

{ECF No.

and the

Petition

The

PREJUDICE.

Motion

(ECF No.
for

1)

Leave

{ECF No. 8)

is DENIED and DISMISSED

to

Amend

{ECF

No.

12)

is

It is further ORDERED that judgment be entered in favor of

MOOT.

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

Hoffman

appeal

United

with the

States

Clerk

of

Courthouse,

the

Court

at

the Walter E.

600

Granby

Street,

Norfolk,

Virginia 23510, within thirty (30) days from the date judgment is
Because

entered.

substantial

showing

pursuant

28

to

the

the

of

U.S.C.

Procedure 22(b)(1),

Petitioner

§

has

denial

2253(c)

and

failed

of

a

to

demonstrate

constitutional

Federal

Rule

of

right

Appellate

the Court declines to issue a certificate of

2

a

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
It

is

so

Respondent.

ORDERED.

bL

Rebecca Beach Smith

Senior United States District Judge
Rebecca

Beach

Senior United States
Norfolk,
Date:

Virginia

March

i2

. 2025

3

Smith

District Judge