McCoy v. Director, Virginia Department of Corrections

Filing 23

ORDER granting 6 Motion to Dismiss; denying 14 Motion for a Temporary Restraining Order and a Preliminary Injunction; adopting Report and Recommendations re 20 Report and Recommendations. McCoy's claims and the action are DISMISSED. Signed by District Judge James R. Spencer on 03/11/2015. Copy mailed to pro se petitioner. (tjoh, )

E

MAR I I 2015

l^i

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

CLERK, U.S. DISTRICT COURT
RICHMOND. VA

Richmond Division

CURTIS LAMONT McCOY,
Petitioner,
Civil Action No. 3:13CV857

v.

DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS,

Respondent.
ORDER

In accordance with the accompanying Memorandum Opinion, it is hereby ORDERED
that:

1.

McCoy's Objections are OVERRULED.

2.

The Report and Recommendation is ACCEPTED and ADOPTED.

3.

Respondent's Motion to Dismiss (ECF No. 6) is GRANTED.

4.

McCoy's Motion for a Temporary Restraining Order (ECF No. 14) is DENIED.

5.

McCoy's claims and the action are DISMISSED.

6.

The Court DENIES a certificate of appealability.

Should McCoy 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 McCoy and
counsel of record.
And it is so ORDERED.

Date: 3"'M 5
Richmond, Virginia

hi

James R. Spencer
Senior U. S. District Judi*e