Filed: Sep. 11, 2018
Latest Update: Sep. 11, 2018
Summary: FINAL ORDER RAYMOND A. JACKSON , District Judge . Before the Court is a Petition for a Writ of Habeas Corpus filed pursuant to 28 U.S.C. 2254 and the Respondent's Motion to Dismiss the Petition. In his Petition, the pro se Petitioner alleges violations of his constitutional rights in relation to his convictions in the Circuit Court for Prince George's County, for three counts of distribution of a controlled substance. Petitioner was sentenced to sixty years of imprisonment with fifty
Summary: FINAL ORDER RAYMOND A. JACKSON , District Judge . Before the Court is a Petition for a Writ of Habeas Corpus filed pursuant to 28 U.S.C. 2254 and the Respondent's Motion to Dismiss the Petition. In his Petition, the pro se Petitioner alleges violations of his constitutional rights in relation to his convictions in the Circuit Court for Prince George's County, for three counts of distribution of a controlled substance. Petitioner was sentenced to sixty years of imprisonment with fifty-..
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FINAL ORDER
RAYMOND A. JACKSON, District Judge.
Before the Court is a Petition for a Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 and the Respondent's Motion to Dismiss the Petition. In his Petition, the pro se Petitioner alleges violations of his constitutional rights in relation to his convictions in the Circuit Court for Prince George's County, for three counts of distribution of a controlled substance. Petitioner was sentenced to sixty years of imprisonment with fifty-one years suspended.
The Petition was referred to a United States Magistrate Judge for report and recommendation pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and (C) and Local Civil Rule 72 of the Rules of the United States District Court for the Eastern District of Virginia. The Magistrate Judge's Report and Recommendation filed July 12, 2018, recommends dismissal of the Petition with prejudice. ECF No. 14. On August 1, 2018, the Petitioner timely filed objections to the Report and Recommendation. The Respondent has not responded to the Petitioner's objections and the time to do so has expired.
The Court, having reviewed the record and examined the objections filed by Petitioner to the Report and Recommendation, and having made de nova findings with respect to the portions objected to, does hereby ADOPT and APPROVE the findings and recommendations set forth in the Report and Recommendation filed July 12, 2018. It is, therefore, ORDERED that the Respondent's Motion to Dismiss, ECF No. 9, be GRANTED, and that the Petition, ECF No. 1, be DENIED and DISMISSED WITH PREJUDICE. It is further ORDERED that judgment be entered in favor ofthe Respondent.
The Petitioner may appeal fi^om the judgment entered pursuant to this Final Order by filing a written notice of appeal with the Clerk of this court. United States Courthouse, 600 Granby Street, Norfolk, Virginia 23510, within thirty (30) days from the date of entry of such judgment.
The Petitioner has failed to demonstrate a substantial showing of the denial of a constitutional right, and therefore, the Court declines to issue any certificate of appealability pursuant to Rule 22(b) of the Federal Rules of Appellate Procedvire. See Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003).
The Clerk shall mail a copy of this Final Order to Petitioner and to counsel of record for the Respondent.
It is so ORDERED.
