Elkins v. Virginia

Filing 22

ORDER granting 18 Motion to Dismiss; Certificate of Appealability is DENIED. Signed by District Judge Michael F. Urbanski on 12/21/2012. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
JIMMY SCOTT ELKINS,
Petitioner,
v.
VIRGINIA, et al.,
Respondents.

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Civil Action No. 7:12-cv-00431

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 Attorney General’s motion to dismiss is GRANTED; petitioner’s petition for a writ of
habeas corpus, pursuant to 28 U.S.C. § 2254, is DISMISSED; a certificate of appealability is
DENIED; and the action is STRICKEN from the active docket of the court.
The Clerk is directed to send a copy of this Order and the accompanying Memorandum
Opinion to petitioner and counsel of record for respondent.
Entered: December 21, 2012

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