Smith v. Clarke

Filing 45

ORDER (Adopting Report and Recommendation and Dismissing Action). In accordance with the accompanying Memorandum Opinion, it is hereby ORDERED that:1. Smith's objection is OVERRULED.; 2. The Report and Recommendation is ACCEPTED and ADOPTED.; 3 . The Motion to Dismiss 18 is GRANTED.; 4. Smith's claims and the action will be DISMISSED.; 5. The Clerk is DIRECTED to attach a copy of the Report and Recommendation 33 to this Final Order.; 6. The Clerk is DIRECTED to place ECF Nos. (34, 35, 38, 40-43) under seal.; 7. The Clerk will prepare a redacted version of ECF Nos. 34, 35, 38,40-43.Signed by District Judge Henry E. Hudson on 03/03/2015.(tjoh, )

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

MAR - 3 2015

Richmond Division

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CLERK, U.S. DISTRICT"C0URT
RICHMOND. VA

JOHN KEITH SMITH,

Petitioner,
Civil Action No. 3:13CV856

HAROLD W. CLARKE,

Respondent.
FINAL ORDER

(Adopting Report and Recommendation and Dismissing Action)
In accordance with the accompanying Memorandum Opinion, it is hereby
ORDERED that:

1.
2.
3.

Smith's objection is OVERRULED.
The Report and Recommendation is ACCEPTED and ADOPTED.
The Motion to Dismiss (ECF No. 18) is GRANTED.

4.

Smith's claims and the action will be DISMISSED.

5.

The Clerk is DIRECTED to attach a copy of the Report and
Recommendation (ECF No. 33) to this Final Order.
The Clerk is DIRECTED to place ECF Nos. 34, 35, 38, 40^3 under seal.
The Clerk will prepare a redacted version of ECF Nos. 34, 35, 38,40-43.

6.
7.

Should Smith desire to appeal, a written notice of appeal must be filed with the
Clerk of the Court within thirty (30) days of the date of entry hereof. Failure to file a

notice of appeal within that period may result in the loss of the right to appeal.
The Clerk is DIRECTED to send the Memorandum Opinion and Order to Smith.
It is so ORDERED.

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Date:^^ 3y26#r
Richmond, Virginia

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Henry E. Hudson

United States District Judge