Becton v. Zook

Filing 18

ORDER that 1) The Report and Recommendation is ACCEPTED and ADOPTED; 2) Respondent's Motion to Dismiss (ECF No. 8 ) is GRANTED; 3) Becton's § 2254 Petition (ECF No. 1 ) is DENIED; 4) Becton's claim and the action are DISMISS ED; and, 5) A certificate of appealability is DENIED. Should Becton 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 M. Hannah Lauck on 8/15/2016. Memorandum Opinion and Order were mailed to Petitioner. (sbea, )

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

AUG I 5 2016
RICHMOND VA

Petitioner,
Civil Action No. 3:15CV512

WARDEN ZOOK,
Respondent

ORDER
In accordance with the accompanying Memorandum Opinion, it is hereby ORDERED
that:
1.

The Report and Recommendation is ACCEPTED and ADOPTED;

2.

Respondent's Motion to Dismiss (ECF No. 8) is GRANTED;

3.

Beeton's§ 2254 Petition (ECF No. 1) is DENIED;

4.

Beeton's claim and the action are DISMISSED; and,

5.

A certificate of appealability is DENIED.

Should Becton 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 Becton and
counsel of record.

It is so ORDERED.

AUG 1 5 2016

Date:
Richmond, Virginia

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CLERK, U.S. DISTRICT COURl

MAURICE J. BECTON,

V.

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M. Hanna
United Sta es Distnct Judge