Southers v. Manis

Filing 3

ORDER DISMISSING CASE without prejudice and striking it from the active docket of the court. A certificate of appealability is denied. Signed by Judge Norman K. Moon on 09/27/2012. (kab)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
CLEVELAND SOUTHERS,
Petitioner,
v.
CARL A. MANIS,
Respondent.

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Civil Case No. 7:12cv00422
FINAL ORDER
By: Norman K. Moon
United States District Judge

In accordance with the memorandum opinion entered this day, it is hereby ORDERED
that this action, pursuant to 28 U.S.C. § 2254, is DISMISSED without prejudice and is
STRICKEN from the active docket of the court.
Further, finding that Southers 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 the accompanying
memorandum opinion to petitioner.
ENTER: This 27th day of September, 2012.