Durland v. Zych

Filing 11

ORDER granting 5 Motion to Dismiss; dismissing as moot 9 Motion to Compel; Certificate of Appealability is DENIED. Signed by District Judge Glen E. Conrad on 4/3/2013. (tvt)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION DANIEL DURLAND, ) ) ) ) ) ) ) ) ) Petitioner, v. C. ZYCH, WARDEN, Respondent. CASE NO. 7:12CV00317 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 respondent’s motion to dismiss (ECF No. 5) is GRANTED; the petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241, is DISMISSED; petitioner’s motion to compel a decision on his petition (ECF No. 9) is DISMISSED as moot; 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 3rd day of April, 2013. /s/ Glen E. Conrad Chief United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?