Rideout v. Clarke

Filing 27

ORDER in accordance with the accompanying Memorandum Opinion, it is hereby ORDERED 1. The Report and Recommendation 18 is ACCEPTED and ADOPTED;2. Respondent's Motion to Dismiss 5 is GRANTED; 3. Rideout's § 2254 Petition (ECF No. 1) and Amended § 2254 Petition 22 are DENIED; 4. Rideout's original Motion for Leave (ECF No. 14) is DENIED; 5. Rideout's Motion for Leave 21 and Motion to Amend 22 are GRANTED; 5. Rideout's claims and the action are DISMISSE D; and, 6. A certificate of appealability is DENIED. Should Rideout desire to appeal, a written notice of appeal must be filed with the Clerk ofthe Court within thirty (30) days of the date of entry hereof. Signed by District Judge M. Hannah Lauck on 02/28/2017. Order mailed to Petitioner as directed. (ccol, )

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

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FEB 2 8 20l7

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CLERK, U.S. OiSTtltCT COURT

RICHMOND, VA

Petitioner,

v.

Civil Action No. 3:16CV190

HAROLD CLARKE,
Respondent.
ORDER
In accordance with the accompanying Memorandum Opinion, it is hereby ORDERED
that:
1.
2.
3.
4.
5.
5.
6.

The Report and Recommendation (ECF No. 18) is ACCEPTED and ADOPTED;
Respondent's Motion to Dismiss (ECF No. 5) is GRANTED;
Rideout's § 2254 Petition (ECF No. 1) and Amended § 2254 Petition (ECF
No. 22-1) are DENIED;
Rideout's original Motion for Leave (ECF No. 14) is DENIED;
Rideout's Motion for Leave (ECF No. 21) and Motion to Amend (ECF No. 22)
are GRANTED;
Rideout's claims and the action are DISMISSED; and,
A certificate of appealability is DENIED.

Should Rideout 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.

FEB 2 8 2017.

Date:
Richmond, Virginia

M. Hannah Lauck
,
United States District Ju ge