Hardy v. Clarke

Filing 25

FINAL ORDER in accordance with the accompanying Memorandum Opinion, it is hereby ORDERED that: 1. Hardy's objections are OVERRULED; 2. The Report and Recommendation 22 is ACCEPTED and ADOPTED; 3. The Motion to Dismiss 16 is GRANTED; 4. Har dy's Motion to Amend 20 is DENIED; 5. Hardy's § 2254 Petition 1 is DISMISSED WITHOUT PREJUDICE; and, 6. A certificate of appealability is DENIED. Should Hardy 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 Henry E. Hudson on 06/21/2017. Copy of Final Order and Memorandum Opinion mailed to Petitioner. (ccol, )

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

re

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1

U

VERNAL TIMOTHY HARDY,

v.
HAROLD W. CLARKE,
Respondent.

JU~ 2 I 20!7

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CLERK, U.S. D1STR1CT COURl
RICHMOND, VA

Civil Action No. 3:16CV963-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.

Hardy's objections are OVERRULED;
The Report and Recommendation (ECF No. 22) is ACCEPTED and
ADOPTED;
The Motion to Dismiss (ECF No. 16) is GRANTED;
Hardy's Motion to Amend (ECF No. 20) is DENIED;
Hardy's § 2254 Petition (ECF No. I) is DISMISSED WITHOUT
PREJUDICE; and,
A certificate of appealability is DENIED.

Should Hardy 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 Hardy
and counsel of record.

It is so ORDERED.

Date: JU I\'- 2.1 t.oJ?
Richmond, Virgfnia

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Petitioner,

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/s/
HENRY E. HUDSON
UNITED STATES DISTRICT JUDGE