White v. Dotson

Filing 17

FINAL ORDER. The court ORDERS that 12 Motion to Dismiss is GRANTED, and White's petition is DENIED and DISMISSED WITH PREJUDICE. A certificate of appealability is DENIED. Petitioner is ADVISED that he may seek a certificate from the United St ates 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. Signed by District Judge Rebecca Beach Smith on 3/11/2025.Copies mailed 3/11/2025. (jmey)

Case 2:24-cv-00189-RBS-RJK

Document 17

UNITED

STATES

Filed 03/11/25

DISTRICT

Page 1 of 3 PageID# 290

COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

DEREK L. WHITE,

#1108942,
Petitioner,
ACTION NO.

V.

2:24cvl89

CHADWICK DOTSON,

Respondent.

FINAL

ORDER

Petitioner Derek L. White ("White"),

a Virginia inmate,

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.

White argues that amendments

to Virginia's statutory scheme governing earned sentence credits
violate

the

Fourteenth

Amendment's
ECF No.

1,

Equal

Protection

Amendment,

the

prohibition
at

21.

Ex

of

the

and

Due

Process

Clauses

Post

Facto

Clause,

and

the Eighth

unusual

punishment.

against

Respondent,

cruel

and

Chadwick Dotson,

Director of the

Virginia Department of Corrections, moved to dismiss the petition.
ECF No.

12.

The matter was

referred to a United States Magistrate Judge

pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and (C) and
Rule 72 of the Rules

of the United States District Court

for the

Eastern District of Virginia for report and recommendation.

Case 2:24-cv-00189-RBS-RJK

The

report

recommends
granted,

dismissed
advised
and

and

that

and

respondent's

motion

federal

prejudice.

the

Filed 03/11/25

filed

recommendation,

White's

with

of

Document 17

right

to

file

No.

ECF No.

16,

written

February

dismiss,

petition,

ECF

recommendations made by

to

Page 2 of 3 PageID# 291

at

objections

the Magistrate

to

Judge.

12,

be

denied and

be

Each

18.

2025,

No.

ECF
1,

5,

party

the
Id.

was

findings
at

18-19.

No objection has been filed.
The Court,

having reviewed the record,

does hereby adopt and

approve the findings and recommendations set forth in the report
and recommendation.

motion to dismiss,
DENIED

and

White

denial

Rule

ECF No.

DISMISSED

has

of

declines

The Court,

a

to

22(b)

Miller-El v.

WITH

failed to

is GRANTED,

and White's petition is

PREJUDICE.

a substantial showing of the

demonstrate

issue

any

of

Federal

Cockrell,

ORDERS that respondent's

12,

constitutional

the

therefore,

right.

certificate

537

Rules
U.S.

and,

n

therefore,

of

appealability

of

Appellate

322,

335-36

the

Court

pursuant

Procedure.

to
See

(2003).

White is ADVISED that because a certificate of appealability

is denied by this Court,

he may seek a certificate from the United

States Court of Appeals for the Fourth Circuit.

Fed.

22(b); Rules Gov.

§ 2254 Cases in U.S.

11(a).

intends

to

a

Circuit,

he must do so within thirty

this

Final

seek

Order.

certificate

of

Dist. Cts.

appealability

(30)

from

R.

App.

P.

If White

the Fourth

days from the date of

White may seek such a certificate by filing a
2

Case 2:24-cv-00189-RBS-RJK

of

Document 17

written

notice

appeal

District

Court,

Norfolk,

Virginia 23510.

United

with

Filed 03/11/25

the

States

Clerk

Courthouse,

The Clerk shall mail a copy of this
counsel of record for

Page 3 of 3 PageID# 292

of

the
600

United
Granby

States
Street,

Final Order to White and

respondent.

bL

Rebecca Beach Smith

Senior United Stales District Judge
REBECCA
SENIOR

Norfolk,

March

Virginia

^ ^ , 2025

3

UNITED

BEACH

STATES

SMITH

DISTRICT

JUDGE