Drayton v. Clarke

Filing 23

ORDER. The Report and Recommendation (EOF No. 21) is ACCEPTED and ADOPTED; The Motion to Dismiss (ECF No. 11) is GRANTED; Drayton's § 2254 Petition (ECF No. 1) is DENIED; Drayton's claims and the action is DISMISSED; certificate of appealability is DENIED. Signed by District Judge M. Hannah Lauck on 11/01/2018. Copy mailed to petitioner. (tjoh, )

P
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA

II

E

NOV - I :
CLERK, U.S. DISTRICT COURT

Richmond Division

RICHMOND, VA

KEVIN MICHAEL DRAYTON,JR.,
Petitioner,
V.

Civil Action No.3:18CV303

HAROLD CLARKE,
Respondent.
FINAL ORDER

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

1.
2.
3.
4.
5.

The Report and Recommendation(EOF No.21)is ACCEPTED and ADOPTED;
The Motion to Dismiss(ECF No. 11)is GRANTED.
Drayton's § 2254 Petition(ECF No. 1)is DENIED.
Drayton's claims and the action is DISMISSED.
A certificate of appealability is DENIED.

Should Drayton desire to appeal, a written notice ofappeal must be filed with the Clerk

ofthe Court within thirty(30)days ofthe date of entry hereof. Failure to file a notice ofappeal
within that period may result in the loss ofthe right to appeal.
The Clerk is DIRECTED to send the Memorandum Opinion and Order to Drayton and
counsel of record.
It is so ORDERED.

M. Hannah!

United States District Judge

Date: HOV Q ^ 2018
Richmond, Virginia