Hammons v. Clark

Filing 22

ORDER granting 10 Motion to Dismiss; Certificate of Appealability is DENIED. Signed by Judge Norman K. Moon on 9/6/2012. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
RANDY A. HAMMONS,
Petitioner
v.
HAROLD W. CLARKE,
Respondent.

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Civil Action No. 7:11cv00489
FINAL ORDER
By: Norman K. Moon
United States District Judge

In accordance with the accompanying memorandum opinion, it is hereby ORDERED
and ADJUDGED that respondent’s motion to dismiss (docket no. 10) is GRANTED; the above
referenced 28 U.S.C. § 2254 petition is DISMISSED; Hammons’ request for the court to appoint
counsel (docket no. 20) is DENIED as MOOT; and this action is STRICKEN from the court’s
active docket.
Furthermore, finding that Hammons 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.
The clerk is directed to send copies of this order and the accompanying memorandum
opinion to the petitioner and to all counsel of record.
ENTER: This 6th day of September, 2012.