Matney v. Hale et al

Filing 33

ORDER DISMISSING CASE without prejudice. Signed by District Judge Michael F. Urbanski on 3/11/2013. (tvt)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION CARTER W. MATNEY, Plaintiff, v. OFFICER JAMES H. HALE, et al., Defendants. ) ) ) ) ) ) ) Civil Action No. 7:12-00627 ORDER By: Hon. Michael F. Urbanski United States District Judge In accordance with the Memorandum Opinion entered this day, it is hereby ORDERED that plaintiff’s motion to strike the first motion for the court to overturn the conviction and first motion for compensation is GRANTED and those two motions are STRICKEN; plaintiff’s second motion for the court to overturn the conviction is DENIED; the Complaint is DISMISSED without prejudice for failing to state a claim upon which relief may be granted, pursuant to 28 U.S.C. § 1915A(b)(1); plaintiff’s second motion for compensation is DENIED as moot; and the action 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 plaintiff. Entered: March 11, 2013 /s/ Michael F. Urbanski Michael F. Urbanski United States District Judge

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