McKay v. Clarke

Filing 24

ORDER that is in accordance with the accompanying Memorandum Opinion, it is hereby ORDERED that: 1. McKay's Objections 21 are OVERRULED; 2. The Report and Recommendation 20 is ACCEPTED and ADOPTED; 3. The Motion to Dismiss 10 is GRANTED; 4. McKay's § 2254 Petition 1 is DENIED; 5. McKay's claims and the action are DISMISSED; and, 6. A certificate of appealability is DENIED. Should McKay 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. Signed by District Judge M. Hannah Lauck on 04/06/2018. Copy mailed to Petitioner as directed. (ccol, )

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

ALONZO ALEXANDER McKAY,

Petitioner,

V.

Civil Action No. 3:16CV831

HAROLD W. CLARKE,

Respondent,
ORDER

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

1.
2.

McKay's Objections (ECF No. 21) are OVERRULED;
The Report and Recommendation (ECF No. 20) is ACCEPTED and ADOPTED;

3.

The Motion to Dismiss (ECF No. 10) is GRANTED;

4.
5.

McKay's § 2254 Petition (ECF No. 1) is DENIED;
McKay's claims and the action arc DISMISSED; and,

6.

A certificate ofappcalability is DENIED.

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

Date:

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Richmond, Virginia

M. Hannah LaiK

United States Dikrlici Judge