Yo v. Clark

Filing 29

ORDER that is in accordance with the accompanying Memorandum Opinion, it is hereby ORDERED that: l. Yo's objections 26 are OVERRULED; 2. The Report and Recommendation 25 is ACCEPTED and ADOPTED; 3. The Motion to Dismiss 12 is GRANTED; 4. Yo's Motion for Discovery 19 is DENIED; 5. Yo's § 2254 Petition 1 is DENIED; 6. Yo's claims and the action are DISMISSED; and, 7. A certificate of appealability is DENIED. Should Yo desire to appeal, a written notice of appe al must be filed with the Clerk of the Court within thirty (30) days of the date of entry hereof. See Order for complete details. Signed by District Judge M. Hannah Lauck on 08/10/2017. copy of Order and Memorandum Opinion mailed to Petitioner as directed. (ccol, )

IN THE UNITED ST ATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

YO, f/k/a Mario L. Ballard,
Petitioner,

v.

Civil Action No. 3:16CV366

HAROLD W. CLARKE,

Respondent.
ORDER

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

l.
2.
3.
4.
5.
6.
7.

Yo's objections (ECF No. 26) are OVERRULED;
The Report and Recommendation (ECF No. 25) is ACCEPTED and ADOPTED;
The Motion to Dismiss (ECF No. 12) is GRANTED;
Yo's Motion for Discovery (ECF No. 19) is DENIED;
Yo's § 2254 Petition (ECF No. 1) is DENIED;
Yo's claims and the action are DISMISSED; and,
A certificate of appealability is DENIED.

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

l 0 20'7

Date: AUG
Richmond, Virginia

M. Hannah La