Walton, Sr. v. Clarke

Filing 24

MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge Henry E. Hudson on 11/21/2017. Copy of Memorandum Opinion mailed to Petitioner.(ccol, )

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

BRIAN LESTER WALTON, SR.,
Petitioner,

v.
HAROLD W. CLARKE,
Respondent.

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CLERK, U.S. DiSTR1CT COURT
RICHMOND, VA

Civil Action No. 3:17CV320-HEH

MEMORANDUM OPINION
(Adopting Report and Recommendation and Dismissing Action)
Brian Lester Walton, Sr., a Virginia inmate proceedingpro se, filed this petition
for habeas corpus under 28 U.S.C. § 2254 ("§ 2254 Petition," ECF No. 1) challenging his
convictions in the Circuit Court of Middlesex County, Virginia for violation of a
protective order, third offense. On October 27, 2017, the Magistrate Judge recommended
that the§ 2254 Petition be dismissed for lack of merit. The Court advised Walton that he
could file objections within fourteen (14) days after the entry of the Report and
Recommendation. Walton 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." Estrada v. Witkowski, 816 F. Supp. 408, 410 (D.S.C. 1993) (citing

Mathews v. Weber, 423 U.S. 261, 270-71 (1976)). This Court "shall make a de novo
determination of those portions of the report or specified proposed findings or
recommendations to which objection is made." 28 U.S.C. § 636(b)(l). "The filing of
objections to a magistrate's report enables the district judge to focus attention on those

issues-factual and legal-that are at the heart of the parties' dispute." Thomas v. Arn,
474 U.S. 140, 147 (1985). In the absence of a specific written objection, this Court may
adopt a magistrate judge's recommendation without conducting a de novo review. See

Diamond v. c_olonial Life & Accident Ins. Co., 416 F .3d 310, 316 (4th Cir. 2005).
There being no objections, the Report and Recommendation will be accepted and
adopted. The Motion to Dismiss (ECF No. 12) will be granted. Walton's§ 2254 Petition
(ECF No. I) will be denied. Walton's claims and the action will be dismissed. A
certificate of appealability will be denied.
An appropriate Final Order will accompany this Memorandum Opinion.

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Henry E. Hudson
United States District Judge

Date: No". 2.L 1.011
Richmond, Vi~ginia

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