Wilkins v. Commonwealth of Virginia

Filing 28

FINAL ORDER that is in accordance with the accompanying Memorandum Opinion, it is hereby ORDERED that: l. Wilkins's Objections are OVERRULED; 2. The Report and Recommendation 18 is ACCEPTED and ADOPTED; 3. The Motion to Dismiss 12 is GRANTED ; 4. Wilkins's § 2254 Petition 1 is DENIED; 5. Wilkins's request for reconsideration of the denial of his request for an evidentiary hearing (ECF No. 25) is DENIED; 6. Wilkins's claims and the action are DISMISSED; and,7. A cert ificate of appealability is DENIED. Should Wilkins 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 Final Order for complete details. Signed by District Judge Henry E. Hudson on 11/28/2017. Copy of Memorandum Opinion and Final Order sent to Petitioner as directed.(ccol, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
ROBERT ALLEN WILKINS,
Petitioner,

v.
COMMONWEALTH OF VIRGINIA,
Respondent.

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D

NOV 2

a2m1

CLERK. U._S. Di:ST1'11CT COURT
RICHMOND. VA

Civil Action No. 3:17CV142-HEH

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

l.
2.
3.
4.
5.

6.
7.

Wilkins's Objections are OVERRULED;
The Report and Recommendation (ECF No. 18) is ACCEPTED and
ADOPTED;
The Motion to Dismiss (ECF No. 12) is GRANTED;
Wilkins's § 2254 Petition (ECF No. 1) is DENIED;
Wilkins's request for reconsideration of the denial of his request for an
evidentiary hearing (ECF No. 25) is DENIED;
Wilkins's claims and the action are DISMISSED; and,
A certificate of appealability is DENIED.

Should Wilkins 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 Order to Wilkins
and counsel of record.
It is so ORDERED.

Isl
Date: •
20l'l
Richmond, Vir nia

HENRY E. HUDSON
UNITED STATES DISTRICT JUDGE