McClintock v. Warden of the Wallens Ridge State Prison

Filing 18

ORDER granting 11 Motion to Dismiss; the petition is dismissed; and this action is stricken frmo the active docket of the court. A certificate of appealability is denied. Signed by Judge Norman K. Moon on 07/25/2013. (kab)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
MICHAEL MCCLINTOCK,
Petitioner
v.
WARDEN, WALLENS
RIDGE STATE PRISON,
Respondent.

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Civil Action No. 7:13cv00212
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. 11) 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 McClintock 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:

25th
This _____ day of July, 2013.