Cabiness v. Clarke

Filing 23

ORDER granting 9 Motion to Dismiss; the petition is dismissed; and the action is stricken from the active docket of the court. A certificate of appealability is denied. Signed by Judge Norman K. Moon on 07/24/2013. (kab)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
KIRKWOOD DARNELL CABINESS,
Petitioner
v.
HAROLD CLARKE,
Respondent.

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Civil Action No. 7:12cv00625
FINAL ORDER
By: Norman K. Moon
United States District Judge

In accordance with the Memorandum Opinion entered this day, it is hereby ORDERED
and ADJUDGED that respondent’s motion to dismiss (Docket No. 9) is GRANTED; the above
referenced 28 U.S.C. § 2254 petition is DISMISSED; and this action is STRICKEN from the
active docket of the court.
Further, finding that Cabiness 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 is directed to send copies of this Order and the accompanying Memorandum
Opinion to Petitioner and counsel for Respondent.
ENTER: this ______ day of July, 2013.
24th