Brown v. Fleming

Filing 27

FINAL ORDER. In accordance with the accompanying 26 Memorandum Opinion, it is hereby ORDERED that: 1. The Report and Recommendation is accepted and adopted; 2. The Motion to Dismiss (ECF No. 16 ) is granted; 3. The § 2254 Petition is denied; a nd 4. The action are DISMISSED. Should Brown 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. It is so ORDERED. Signed by District Judge Robert E. Payne on 07/11/2016. Clerk mailed copy to pro se Petitioner. (nbrow)

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

JUL I 2 2016
CLERK, U.S. DISTRICT COl.iRT
RICHMOND. VA

JAMES HENRY BROWN,
Petitioner,

v.

Civil Action No. 3:15CV510

LESLIE J. FLEMING,
Respondent
FINAL ORDER

In accordance with the accompanying Memorandum Opinion,

it

is hereby ORDERED that:
1.

The Report and Recommendation is accepted and adopted;

2.

The Motion to Dismiss (ECF No. 16) is granted;

3.

The

4.

The action are DISMISSED.

§

2254 Petition is denied; and

Should Brown desire to appeal,
must be

filed with the

a written notice of appeal

Clerk of the

days of the date of entry hereof.

Court within thirty

( 30)

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

Final Order to Brown and counsel of record.
It is so ORDERED.

/s/
Richmond, Virginia
Date:
July 11, 2016

/C.l.~

Robert E. Payne
Senior United States District Judge