Higdon v. Ray

Filing 18

ORDER granting in part and denying in part 11 Motion to Dismiss; 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 03/05/2012. (kab)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
WESLEY WOODROW HIGDON,
Petitioner,
v.
WARDEN LARRY JARVIS,
Respondent.

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Civil Action No. 7:11-cv-00330

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 respondent’s motion to dismiss is GRANTED in part and DENIED in part to that extent
that petitioner’s challenges to the sentences described in ¶¶ F and H of the Memorandum
Opinion and challenges to the sentences described in ¶¶ D and E accruing after July 4, 2011, are
DISMISSED without prejudice as premature and that petitioner’s claims about the sentence
described in ¶ B and the sentences described in ¶¶ D and E accruing before July 4, 2011, are
DISMISSED with prejudice; 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 respondent.
Entered: March 5, 2012

/s/ Michael F. Urbanski
Michael F. Urbanski
United States District Judge