RAYMOND JACKSON, United States District Judge
This matter was initiated by petition for a writ of habeas corpus under 28 U.S.C. § 2254.
The petition alleges violation of federal rights pertaining to petitioner's convictions on November 20, 1997, in the Circuit Court of the City of Suffolk for two counts of aggravated sexual battery under Virginia Code § 18.2-67.3, one count of sexual battery under Virginia Code § 18.2-67.4, and taking indecent liberties with a minor, as a result of which he was sentenced to serve a total of 35 years and 12 months (with all but three years and eleven months suspended) in the Virginia penal system.
The matter was referred to a United States Magistrate Judge pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and (C) and Rule 72 of the Rules of the United States District Court for the Eastern District of Virginia for report and recommendation. Report of the Magistrate Judge was filed on March 16, 2001, recommending dismissal of the petition. By copy of the report, each party was advised of his right to file written objections to the findings and recommendations made by the Magistrate Judge. On March 29, 2001, the Court received Petitioner's Objections to Magistrate Report. An additional document entitled "Legal Mail" was received from petitioner and filed subject to defect on April 16, 2001. The April 16, 2001 document is hereby ORDERED FILED and the Clerk is DIRECTED to mail a copy of this document to counsel of record for the respondent.
The Court, having reviewed the record and examined the objections and the April 16, 2001 document filed by the petitioner, and having made de novo findings with respect to the portions of the report and recommendation objected to, does hereby adopt and approve the findings and recommendations set forth in the Report of the United States Magistrate Judge filed March 16, 2001, and it is, therefore, ORDERED that the petition be DENIED and DISMISSED because it was previously adjudicated by the Supreme Court of Virginia on the merits and none of the statutory exceptions apply that would allow this Court to review the claims on the merits. It is further ORDERED that judgment be entered in favor of the respondent.
Petitioner's motion for evidentiary hearing filed March 29, 2001 is hereby DENIED.
Petitioner may appeal from 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 30 days from the date of entry of such judgment. For the reasons stated in said report, the Court, pursuant to Rule 22(b) of the Federal Rules of Appellate Procedure, declines to issue a certificate of appealability.
The Clerk shall mail a copy of this Final Order to the petitioner and to counsel of record for the respondent.