Lawlor v. Davis

Lawlor v. Davis

Petitioner:	Mark Eric Lawlor
Respondent:	Keith W. Davis
Case Number:	2:2015cv00113
Filed:	March 19, 2015
Court:	US District Court for the Eastern District of Virginia
Office:	Norfolk Office
County:	Fairfax
Presiding Judge:	Mark S. Davis
Presiding Judge:	Lawrence R. Leonard
Nature of Suit:	Death Penalty
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
June 15, 2017	Filing 60 OPINION AND FINAL ORDER, entered and filed 6/15/17: This matter is before the Court on a Petition for Writ of Habeas Corpus, filed pursuant to 28 U.S.C. § 2254, by counsel for Mark Eric Lawlor ("Lawlor" or "Petitioner"), a Virginia state inmate, as outlined. The Petition and motion to supplement were referred to a United States Magistrate Judge for report and recommendation ("R&R"), as outlined. On August 26, 2016, the Magistrate Judge is sued his R&R, recommending that this Court: (1) deny and dismiss the motion to supplement; and (2) grant Respondent's motion to dismiss Lawlor's 2255 petition in its entirety, as outlined. R&R 2, ECF No. 50. Having reviewed for &qu ot;clear error" all unobjected-to portions of the detailed Report and Recommendation (R&R), this Court ADOPTS the unobjected-to facts, analysis, and recommendations set forth in the 50 R&R, as modified and/or supplemented, as outlined. The Court GRANTS Respondent's 28 Motion to Dismiss, hereby DENYING and DISMISSING Petitioner's 2254 petition in its entirety. Additionally, the Court DENIES both Petitioner's 38 Motion to Supplement the record and his sub sequently filed 55 Motion for Leave to Amend his federal habeas petition. Finding that Petitioner fails to make the requisite legal showing supporting the issuance of a certificate of appealability, either on procedural or merits-based grounds, this Court DECLINES TO ISSUE such a certificate, as outlined. If Petitioner intends to seek a certificate of appealability from the Court of Appeals, he must do so within thirty (30) days from the date of entry of this judgment. (See Opinion and Final Order and Foot Notes for Specifics) (Signed by District Judge Mark S. Davis on 6/15/17). Copies provided as directed 6/15/17. (ecav, )

Date Filed

Document Text

June 15, 2017

Filing 60 OPINION AND FINAL ORDER, entered and filed 6/15/17: This matter is before the Court on a Petition for Writ of Habeas Corpus, filed pursuant to 28 U.S.C. § 2254, by counsel for Mark Eric Lawlor ("Lawlor" or "Petitioner"), a Virginia state inmate, as outlined. The Petition and motion to supplement were referred to a United States Magistrate Judge for report and recommendation ("R&R"), as outlined. On August 26, 2016, the Magistrate Judge is sued his R&R, recommending that this Court: (1) deny and dismiss the motion to supplement; and (2) grant Respondent's motion to dismiss Lawlor's 2255 petition in its entirety, as outlined. R&R 2, ECF No. 50. Having reviewed for &qu ot;clear error" all unobjected-to portions of the detailed Report and Recommendation (R&R), this Court ADOPTS the unobjected-to facts, analysis, and recommendations set forth in the 50 R&R, as modified and/or supplemented, as outlined. The Court GRANTS Respondent's 28 Motion to Dismiss, hereby DENYING and DISMISSING Petitioner's 2254 petition in its entirety. Additionally, the Court DENIES both Petitioner's 38 Motion to Supplement the record and his sub sequently filed 55 Motion for Leave to Amend his federal habeas petition. Finding that Petitioner fails to make the requisite legal showing supporting the issuance of a certificate of appealability, either on procedural or merits-based grounds, this Court DECLINES TO ISSUE such a certificate, as outlined. If Petitioner intends to seek a certificate of appealability from the Court of Appeals, he must do so within thirty (30) days from the date of entry of this judgment. (See Opinion and Final Order and Foot Notes for Specifics) (Signed by District Judge Mark S. Davis on 6/15/17). Copies provided as directed 6/15/17. (ecav, )

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Petitioner: Mark Eric Lawlor
Represented By:	Jennifer Leigh Givens(Designation CJA Appointment)
Represented By:	Emily Meyers Munn(Designation CJA Appointment)
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Respondent: Keith W. Davis
Represented By:	Matthew P. Dullaghan
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