Formica v. Superintendent of the Central Virginia Regional Jail

Filing 118

ORDER ADOPTING REPORT AND RECOMMENDATIONS 109 ; denying 58 Motion to Stay; granting 59 Motion to Dismiss; granting 62 Motion to Dismiss; granting 91 Motion to Dismiss; denying 108 Motion to Amend/Correct; denying 113 Motion for Extension of Time to File Document; denying 34 Motion to Stay;This matter is STRICKEN from the active docket of the court. Signed by District Judge Michael F. Urbanski on 9/21/2015. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
MICHAEL FORMICA,
Petitioner,
v.
SUPERINTENDENT OF THE
CENTRAL VIRGINIA REGIONAL
JAIL, et al.,
Defendants.

)
)
)
) Civil Action No. 7:14cv00357
)
)
) By: Michael F. Urbanski
)
United States District Judge
)
)
)

ORDER
For the reasons set forth in the accompanying Memorandum Opinion entered this date, it is
hereby ORDERED as follows:
1. The magistrate judge’s report and recommendation (ECF No. 109) is ADOPTED in its
entirety;
2. Respondents’ motions to dismiss the § 2254 petition (ECF Nos. 59, 62, 91) are
GRANTED;
3. Petitioner’s motions to stay and abey (ECF Nos. 34, 58) are DENIED;
4. Petitioner’s motion to amend (ECF No. 108) is DENIED;
5. Petitioner’s § 2254 petition is DISMISSED with prejudice;
6. Petitioner’s second motion for extension to file objections to the magistrate judge’s
report (ECF No. 113) is DENIED as moot; and
7. This matter is STRICKEN from the active docket of the court.

The Clerk is directed to send a copy of this Order and the Memorandum Opinion to the pro
se petitioner and to counsel of record.
Entered: September 21, 2015

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

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