Gaither v. Zook

Filing 23

ORDER that in accordance with the accompanying Memorandum Opinion, it is hereby ORDERED that: 1. Gaither's objection (ECF No. 19 ) is OVERRULED; 2. The Amended Report and Recommendation (ECF No. 21 ) is ACCEPTED and ADOPTED; 3. The Motion to Dismiss (ECF No. 14 ) is GRANTED; 4. Gaither's claim and the action are DISMISSED; and, 5. A certificate of appealability is DENIED. It is so ORDERED. Signed by District Judge M. Hannah Lauck on 02/10/2017. Copy mailed to Petitioner. (walk, )

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

FEB I 0 2ot7
CLERK, U.S. DISTRICT COURT
RICHMOND, VA

TORIAN GAITHER,
Petitioner,

v.

Civil Action No. 3:16CV64

DAVID ZOOK,
Respondent.

ORDER
In accordance with the accompanying Memorandum Opinion, it is hereby ORDERED
that:
1.
2.
3.
4.
5.

Gaither's objection (ECF No. 19) is OVERRULED;
The Amended Report and Recommendation (ECF No. 21) is ACCEPTED and
ADOPTED;
The Motion to Dismiss (ECF No. 14) is GRANTED;
Gaither's claim and the action are DISMISSED; and,
A certificate of appealability is DENIED.

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

Date: February
Richmond, Virginia

10, 2017

M. Hannah La
United States ist i