Bassett v. Johnson et al

Filing 35

ORDER granting 13 Motion to Dismiss; petition is dismissed; a certificate of appealability is denied; and the action is stricken from the active docket of the court. Signed by District Judge Michael F. Urbanski on 09/08/2011. (kab)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION TOISSANT D. BASSETT, Petitioner, v. GENE M. JOHNSON, et al., Respondents. ) ) ) ) ) ) ) Civil Action No. 7:10-cv-00358 ORDER By: Hon. Michael F. Urbanski United States District Judge In accordance with the accompanying Memorandum Opinion entered this day, it is hereby ORDERED that respondents’ motion to dismiss is GRANTED; petitioner’s petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, is DISMISSED; a Certificate of Appealability is DENIED; and the action is STRICKEN from the active docket of the court. The Clerk is directed to send a copy of this Order and the accompanying Memorandum Opinion to petitioner and counsel of record for the respondents. Entered: September 8, 2011 /s/ Michael F. Urbanski Michael F. Urbanski United States District Judge

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