Altizer v. Director, Virginia Department of Corrections

Filing 6

ORDER DISMISSING CASE; Certificate of Appealability is DENIED. Signed by District Judge Michael F. Urbanski on 10/1/2012. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
FRANK ERVIN ALTIZER, JR,
Petitioner,
v.
DIRECTOR, VIRGINIA
DEPARTMENT OF CORRECTIONS,
Respondent.

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Civil Action No. 7:12-cv-00360

ORDER

By:

Hon. Michael F. Urbanski
United States District Judge

In accordance with the written Memorandum Opinion entered this day, it is hereby
ORDERED
that the petition for a writ of habeas corpus is DISMISSED without prejudice, pursuant to Rule
4 of the Rules Governing § 2254 Cases; a certificate of appealability is DENIED; and the case is
STRICKEN from the active docket of the court.
The Clerk is directed to send copies of this Order and the accompanying Memorandum
Opinion to petitioner.
Entered: October 1, 2012

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