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)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
DANIEL DURLAND,

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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