Jenkins v. Commonwealth of Virginia

Filing 21

FINAL ORDER (Adopting Report and Recommendation and Dismissing Action). In accordance with the accompanying Memorandum Opinion, it is hereby ORDERED that: 1. The Report and Recommendation 19 is ACCEPTED and ADOPTED; 2. The Motion to Dismiss 14 is GRANTED; 3. Jenkins's § 2254 Petition 1 is DENIED; 4. Jenkins's claim and the action are DISMISSED; and, 5. A certificate of appealability is DENIED. Should Jenkins desire to appeal, a written notice of appeal must be filed with the Clerk of the Court within thirty (30) days of the date of entry hereof. See Order for complete details. Signed by District Judge Henry E. Hudson on 08/04/2017. Copy of Final Order and Memorandum Opinion mailed to Petitioner as directed. (ccol, )

IN THE UNITED ST ATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
RAYMOND JENKINS, JR.,
Petitioner,
v.

)
)
)

)

COMMONWEALTH OF VIRGINIA,
Respondent.

CLERK. U.S. DiSTt11CT COURl
RICHMOND. VA

Civil Action No. 3: I 6CV345-HEH

)
)
)
)

FINAL ORDER
(Adopting Report and Recommendation and Dismissing Action)
In accordance with the accompanying Memorandum Opinion, it is hereby
ORDERED that:
1.
2.
3.
4.
5.

The Report and Recommendation (ECF No. 19) is ACCEPTED and
ADOPTED;
The Motion to Dismiss (ECF No. 14) is GRANTED;
Jenkins's§ 2254 Petition (ECF No. 1) is DENIED;
Jenkins's claim and the action are DISMISSED; and,
A certificate of appealability is DENIED.

Should Jenkins desire to appeal, a written notice of appeal must be filed with the
Clerk of the Court within thirty (30) days of the date of entry hereof. Failure to file a
notice of appeal within that period may result in the loss of the right to appeal.
The Clerk is DIRECTED to send the Memorandum Opinion and Final Order to
Jenkins and counsel of record.
It is so ORDERED.

Isl
Date: Aus.~ 2..DI]
Richmond, \!irginia

HENRY E. HUDSON
UNITED STATES DISTRICT JUDGE