Ross v. Fleming

Filing 36

FINAL ORDER denying 9 Motion to Dismiss; GRANTING the Writ of Habeas Corpus.Unless the Commonwealth decides to resentence Petitioner on his two life sentences within a reasonable time, not to exceed six (6) months, Respondent is directed to release Petitioner. Signed by Judge Norman K. Moon on 6/16/2016. (slt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
LYNCHBURG DIVISION

RANDY DWAYNE ROSS

CIVIL NO. 6:13–cv–00034
Petitioner,

v.

FINAL ORDER

LESLIE FLEMING
Respondent.

JUDGE NORMAN K. MOON

In accordance with the accompanying Memorandum Opinion, it is hereby ADJUDGED
and ORDERED that:
1. Respondent’s motion to dismiss (docket no. 9) is DENIED;
2. The writ of habeas corpus is GRANTED;
3. Unless the Commonwealth decides to resentence Petitioner on his two life sentences within
a reasonable time, not to exceed six (6) months, Respondent is directed to release
Petitioner.
The Clerk is directed to strike this case from the Court’s active docket and send copies of
this Order and accompanying Memorandum Opinion to all counsel of record.

16th
ENTERED: This _____ day of June, 2016.