Adams v. Dotson

Filing 26

ORDER. It is ORDERED that the 25 Report and Recommendations is ADOPTED, 21 Motion to Dismiss is GRANTED, and the Petition for Writ of Habeas Corpus is DISMISSED and DENIED WITH PREJUDICE. A certificate of appealability is DENIED. Petitioner is ADVISED that he 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, United States Courthouse, 600 Granby Street, Norfolk, Virginia 23510 within thirty (30) days. The Clerk is DIRECTED to send a copy of this Order to the petitioner. Signed by District Judge Jamar K. Walker on 3/10/2025. Copies mailed 3/10/2025. (jmey)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division
KENYATTA H. ADAMS,
Petitioner,
v.

Case No. 2:24-cv-188

CHADWICK DOTSON,
Respondent.
ORDER
Petitioner Kenyatta H. Adams, a person incarcerated in a Virginia prison, filed
a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on March
25, 2024. ECF No. 1. The petitioner argues that amendments to Virginia’s statutory
scheme governing earned sentence credits violate the Equal Protection and Due
Process Clauses of the Fourteenth Amendment, the Ex Post Facto Clause, and the
Eighth Amendment’s prohibition against cruel and unusual punishment. ECF No. 1,
at 21. Respondent Chadwick Dotson, Director of the Virginia Department of
Corrections, moved to dismiss the petition. ECF No. 21.
Before the Court is an unopposed Report and Recommendation, in which the
Honorable Robert J. Krask, United States Magistrate Judge, concluded that the
respondent’s motion to dismiss should be granted and this matter should be
dismissed with prejudice. ECF No. 25.
Judge Krask advised the parties of their rights to object to his findings and
recommendations and explained that failure to timely object would result in a waiver

of appeal from a judgment of this Court based on such findings and recommendations.
Id. at 18–19 (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, the Court may adopt a Magistrate
Judge’s recommendations without conducting a de novo review, unless the
recommendations are clearly erroneous or contrary to law. See 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 Krask’s findings and recommendations and
found no clear error. Accordingly, the Report and Recommendation (ECF No. 25) is
ADOPTED, the respondent’s Motion to Dismiss (ECF No. 21) is GRANTED, and the
Petition for a Writ of Habeas Corpus (ECF No. 1) is DISMISSED and DENIED
WITH PREJUDICE.
Finding that the basis for dismissal of the § 2254 petition is not debatable, and
alternatively finding that the 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 Rule 11(a) of the Rules Gov. § 2254 Cases in U.S. Dist. Cts.; Miller-El
v. Cockrell, 537 U.S. 322, 335–38 (2003); Slack v. McDaniel, 529 U.S. 473, 483–85
(2000).

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The petitioner is ADVISED that because the Court has denied a certificate of
appealability, he may seek a certificate from the United States Court of Appeals for
the Fourth Circuit. Fed. R. App. P. 22(b); Rule 11(a) of the Rules Gov. § 2254 Cases
in U.S. Dist. Cts. If the petitioner intends to seek a certificate of appealability
from the Fourth Circuit, he must do so within 30 days from the date of this
Order. The 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 is DIRECTED to send a copy of this Order to the petitioner.
IT IS SO ORDERED.
/s/
Jamar K. Walker
United States District Judge
Norfolk, Virginia
March 10, 2025

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