Brooks v. Clarke

Filing 7

ORDER DISMISSING CASE as untimely; Certificate of Appealability is DENIED. Signed by Judge Norman K. Moon on 5/8/2015. (slt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
NICHOLAS D. BROOKS,
Petitioner,
v.

HAROLD W. CLARKE,
Respondent.

) CASE NO. 7:14CCV00536
)
)
) FINAL ORDER
)
)
) By: Norman K. Moon
) United States District Judge
)

In accordance with the accompanying memorandum opinion, it is hereby
ADJUDGED AND ORDERED
that the petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, is DISMISSED as
untimely filed, and this action is stricken from the active docket of the court.
Further, finding that petitioner 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.
8th
ENTER: This ____ day of May, 2015.