Derek J. Stephens v. Chadwick Dotson

Summary

The United States District Court for the Eastern District of Virginia grants the respondent’s motion to dismiss a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254. The court adopts the magistrate judge’s Report and Recommendation, dismisses the petition with prejudice, enters judgment for the respondent, and declines to issue a certificate of appealability.

Holdings

1. The court granted Respondent's motion to dismiss and denied and dismissed Petitioner's habeas petition with prejudice by adopting and approving the magistrate judge's Report and Recommendation in its entirety.
2. The court declined to issue a certificate of appealability because Petitioner failed to make a substantial showing of the denial of a constitutional right.

Questions Presented

1. Whether Respondent's motion to dismiss the petition for a writ of habeas corpus under 28 U.S.C. § 2254 should be granted.
2. Whether Petitioner made a substantial showing of the denial of a constitutional right sufficient to warrant a certificate of appealability.

Disposition

dismissed