Shupe v. Braxton

Filing 9

ORDER DISMISSING CASE and striking it from the active docket of the court. Motion dismissed as moot: 2 MOTION to Produce filed by Roy Johnson Shupe. A certificate of appealability is denied. Signed by Judge Norman K. Moon on 03/09/2012. (kab)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
ROY JOHNSON SHUPE,
Petitioner,

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v.
D.A. BRAXTON,
Respondent.

Civil Action No. 7:12-cv-00024
FINAL ORDER
By: Norman K. Moon
United States District Judge

In accordance with the memorandum opinion entered this day, it is hereby
ORDERED and ADJUDGED
that Shupe’s petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DISMISSED as
untimely filed, Shupe’s motion to produce the state court records (Docket No. 2) is DISMISSED
as moot, and this case shall be STRICKEN from the active docket of the court.
Further, finding that Shupe 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 of the Court is directed to send a copy of this Order and accompanying
Memorandum Opinion to the petitioner.
ENTER: This 9th day of March, 2012.