Reyes v. Commonwealth of Virginia

Filing 6

MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 02/12/2015. Copy mailed to Petitioner. (jsmi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

JORGE LUIS REYES,

Petitioner,
Civil Action No. 3:14CV755-HEH

V.

COMMONWEALTH OF VIRGINIA,

Respondent.
MEMORANDUM OPINION

(Dismissing Successive Habeas Petition)

Petitioner, Jorge Luis Reyes, Sr., a Virginia prisoner proceeding pro se, submitted this

petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his convictions for
first degree murder and use of a firearm in the commission of murder in the Circuit Court for the
County of Henrico, Virginia. This Court previously dismissed a § 2254 Petition from Reyes

concerning these convictions. Reyes v. Kelly, No. 3:09CV23-HEH, 2012 WL 2792174, at *1

(E.D. Va. July 9, 2012). On January 8, 2015, the Magistrate Judge issued a Report and
Recommendation wherein he recommended dismissing the action as a successive, unauthorized

28 U.S.C. § 2254 petition. More than fourteen (14) days have passed and Reyes failed to file

objections. Accordingly, the Report and Reconnmendation will be accepted and adopted. The
action will be dismissed for want ofjurisdiction. The Court will deny a certificate of
appealability.

An appropriate Final Order will accompany this Memorandum Opinion.

/s/

Henry E. Hudson

Date; f=l.
Richmond, Virginia

United States District Judge