Buholtz v. Wilson

Filing 16

FINAL ORDER. In accordance with the accompanying 15 Memorandum Opinion, it is hereby ORDERED that: 1. Buholtz's Objections are OVERRULED. 2. The Report and Recommendation is ACCEPTED and ADOPTED (ECF No. 12 ). 3. The Motion for Summary Judgmen t (ECF No. 6 ) is GRANTED. 4. The Motion to Dismiss (ECF No. 5 ) is DENIED AS MOOT. 5. Buholtz's claims and the action are DISMISSED. 6. The Court DENIES a certificate of appealability. Should Buholtz 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 right to appeal. It is so ORDERED. Signed by District Judge Henry E. Hudson on 06/03/2016. Clerk mailed copy to pro se Petitioner. (nbrow)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division KENNETH LEO BUHOLTZ, Petitioner, ) ) JUN - 3 2016 CLERK, U.S. DISTRICT COURT RICHMOND, VA ) v. ) ) ERIC D. WILSON, ) ) ) Respondent. Civil Action No. 3:15CV630-HEH FINAL ORDER (Adopting Report and Recommendation and Dismissing Action) In accordance with the accompanying Memorandum Opinion, it is hereby ORDERED that: 1. 2. 3. 4. 5. 6. Buholtz's Objections are OVERRULED. The Report and Recommendation is ACCEPTED and ADOPTED. The Motion for Summary Judgment (ECF No. 6) is GRANTED. The Motion to Dismiss (ECF No. 5) is DENIED AS MOOT. Buholtz's claims and the action are DISMISSED. The Court DENIES a certificate of appealability. Should Buholtz 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 right to appeal. The Clerk is DIRECTED to send the Memorandum Opinion and Order to Buholtz. It is so ORDERED. ~ Date: :fuW\c. 'l,Zol' Richmond, Virginia Isl Henry E. Hudson United States District Judge

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