Walton, Sr. v. Clarke

Filing 25

FINAL ORDER (Adopting Report and Recommendation and Dismissing Action). In accordance with the accompanying Memorandum Opinion, it is hereby ORDERED that: 1. The Report and Recommendation is ACCEPTED and ADOPTED; 2. Respondent's Motion to Dism iss 12 is GRANTED; 3. Walton's § 2254 Petition 1 is DENIED; 4. Walton's claims and the action are DISMISSED; and 5. A certificate of appealability is DENIED. Should Walton desire to appeal, a written notice of appeal must be filed with theClerk of the Court within thirty (30) days of the date of entry hereof. See Order for complete details. Signed by District Judge Henry E. Hudson on 11/21/2017. Copy of this Final Order was mailed to Petitioner as directed. (ccol, )

IN THE UNITED STATES DISTRICT COURT~..,,,..---::----;;:-----r.=;~"n-1
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FOR THE EASTERN DISTRICT OF VIRGINIA ~
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Richmond Division
BRIAN LESTER WAL TON, SR.,
Petitioner,

v.
HAROLD W. CLARKE,
Respondent.

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NOV 2 l 20i7

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CLERK. U.S. DiSTtl1CT COURT
RICHMOND, VA

Civil Action No. 3:17CV320-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.

The Report and Recommendation is ACCEPTED and ADOPTED;
Respondent's Motion to Dismiss (ECF No. 12) is GRANTED;
Walton's§ 2254 Petition (ECF No. 1) is DENIED;
Walton's claims and the action are DISMISSED; and
A certificate of appealability is DENIED.

Should Walton 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 Final Order to
Walton and counsel of record.
It is so ORDERED.

Isl
Date: No11. "2.l 201'1
Richmond, Virginia

Henry E. Hudson
United States District Judge