Hall v. Clarke

Filing 20

MEMORANDUM OPINION. See OPINION for complete details. Signed by District Judge Robert E. Payne on 01/20/2017. Copy of this Memorandum Opinion mailed to Hall as directed.(ccol, )

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

t?

r

KENDINYA HALL,

1

Petitioner,

E

CJiRK. U.S. DISTfliCT COURT
RICHMOND. VA

V.

Civil Action No. 3;16CV123

HAROLD CLARKE,

Respondent
MEMORANDUM OPINION

Kendinya
submitted a

Hall,
28

a

U.S.C.

Virginia

inmate

§ 2254 petition

proceeding

("§ 2254

pro

Petition,"

se,
ECF

No. 1) challenging his 2011 convictions in the Circuit Court for
the

City of

Magistrate

Norfolk,

Judge

Virginia.

recommended

On December

that

the

Motion

20,

2016,

the

to

Dismiss

be

granted, Hall's claims be dismissed, and the § 2254 Petition be
denied as barred by the applicable statute of limitations.

The

Court advised Hall that he could file objections within fourteen

(14)

days after the entry of

the Report and Recommendation.

Hall has not responded.

"The magistrate makes only a recommendation to this court.
The

recommendation

has

no

presumptive

weight,

and

the

responsibility to make a final determination remains with this
court."

1993)

p\

JAN 23 2017

L

Estrada v.

Witkowski,

{citing Mathews v.

Weber,

816

F.

Supp.

423 U.S.

261,

408,

410

270-71

{D.S.C.

{1976}).

This Court "shall make a de novo determination of those portions

of the report or specified proposed findings or recommendations
to

which

filing

objection

of

district

is

objections

judge

to

made."
to

focus

28

a

U.S.C.

§

magistrate's

636(b)(1).

report

attention on those

enables

474

written

U.S.

140,

objection,

147

(1985).

this

Court

a

magistrate

recommendation without conducting a de novo review.
V.

Colonial

Cir.

Life

& Accident

Thomas v.

In the absence of a

may adopt

Ins.

Co.,

416

the

issues—factual and

legal—that are at the heart of the parties' dispute."
Arn,

"The

F.3d

specific

judge's

See Diamond

310,

316

(4th

2005).

There being no objections, and the Court having determined
that the Report and Recommendation is correct on its merits, the
Report

and Recommendation

adopted.

(ECF No.

The Motion to Dismiss

Hall's

§

2254

claims

and

the

Petition
action

(ECF
will

No.
be

19)

will

be

(ECF No. 13)
1)

will

dismissed.

accepted

and

will be granted.

be

denied.
A

Hall's

certificate

of

appealability will be denied.
The

Clerk

is

directed

to

send a

copy of

this

Memorandum

Opinion to Hall and counsel of record.
It

is

so ORDERED.

/s/
Robert E. Payne
Senior United States District Judge

Richmond, Virginia

2