Mixson v. Warden

Filing 20

ORDER granting 5 Motion to Dismiss; the petition is dismissed; and this action is stricken from the active docket of the court. A certificate of appealability is denied. Signed by District Judge Glen E. Conrad on 09/30/2011. (kab) (Main Document 20 replaced on 9/30/2011) (kab). Modified on 9/30/2011- clerk inadvertandly attached an incorrect document. (kab).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
RONDALL CLYDE MIXSON,
Petitioner,
vs.
WARDEN,
Respondent.

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CASE NO. 7:11CV00308

FINAL ORDER

By: Glen E. Conrad
Chief United States District Judge

In accordance with the accompanying memorandum opinion, it is hereby
ADJUDGED AND ORDERED
that the motion to dismiss (ECF No. 5) is GRANTED, the petition for a writ of habeas corpus,
pursuant to 28 U.S.C. § 2254, is DISMISSED, and this action is stricken from the active docket
of the court.
Further, finding that petitioner has failed to make a substantial showing of the denial of a
constitutional right as required by 28 U.S.C. § 2253(c)(1), a certificate of appealability is
DENIED.
ENTER: This 30th day of September, 2011.

/s/ Glen E. Conrad
Chief United States District Judge