Whitfield v. Rosenberg

Filing 17

ORDER denying 12 Motion to Request Service by Marshal or Someone Appointed; accepting and adopting Report and Recommendations re 15 Report and Recommendations. The action is DISMISSED WITH PREJUDICE. The Clerk is DIRECTED to note the dispositi on of the action for purposes of 28 U.S.C. § 1915(g). Should Whitfield desire to appeal, a written notice of appeal must be filed with the Clerk of the Court within sixty (60) days of the date of entry hereof. Failure to file a notice of appeal within that period may result in the loss of the ability to appeal. It is so ORDERED. Signed by District Judge Henry E. Hudson on 8/26/13. Copy sent: Yes (tdai, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

ANDRE WHITFIELD,
Plaintiff,
Civil Action No. 3:12CV481-HEH

CHUCK ROSENBERG,
Defendant.
ORDER

(Dismissing Civil Action With Prejudice)
In accordance with the accompanying Memorandum Opinion, it is hereby
ORDERED that:

1.

The Report and Recommendation is ACCEPTED AND ADOPTED;

2.

The action is DISMISSED WITH PREJUDICE;

3.

Whitfield's Motion to Request Service by the Marshal (ECF No. 12) is
DENIED; and,

4.

The Clerk is DIRECTED to note the disposition of the action for purposes
of28U.S.C. § 1915(g).

Should Whitfield desire to appeal, a written notice of appeal must be filed with the
Clerk of the Court within sixty (60) days of the date of entry hereof. Failure to file a

notice of appeal within that period may result in the loss of the ability to appeal.

The Clerk is DIRECTED to send a copy of the Memorandum Opinion and Order
to Whitfield.
And it is SO ORDERED.

**M

Is!

HENRY E.HUDSON

Date: (Utf,fr*,a.Q<3
Richmond, Virginia

UNITED STATES DISTRICT JUDGE