Ryan O’Neal Davis v. Warden

Summary

The United States District Court for the Eastern District of Virginia adopts a magistrate judge’s Report and Recommendation and grants the respondent’s motion to dismiss a 28 U.S.C. § 2254 habeas petition. The petition challenging the petitioner’s retrial and resentencing is denied and dismissed with prejudice, judgment is entered for the respondent, and a certificate of appealability is denied.

Holdings

1. The court adopted and approved the magistrate judge’s Report and Recommendation, granted the respondent’s motion to dismiss, and denied and dismissed the habeas petition with prejudice.
2. The court declined to issue a certificate of appealability because Davis failed to make a substantial showing of the denial of a constitutional right.

Questions Presented

1. Whether the respondent’s motion to dismiss the § 2254 petition should be granted.
2. Whether Davis was entitled to a certificate of appealability.

Disposition

dismissed