Turner v. Clarke

Filing 9

ORDER DISMISSING CASE without prejudice; certificate of appealability is DENIED. Signed by District Judge Elizabeth K. Dillon on 1/5/2016. (tvt)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
CLARENCE TURNER,
Petitioner,
v.
HAROLD CLARKE,
Respondent.

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Civil Action No. 7:15cv00200
By: Elizabeth K. Dillon
United States District Judge

FINAL ORDER
In accordance with the memorandum opinion entered this day, it is hereby ORDERED
that Turner’s 28 U.S.C. § 2254 petition is DISMISSED without prejudice and this action is
STRICKEN from the active docket of the court.
Further, finding that Turner has failed to make a substantial showing of the denial of a
constitutional right as required by 28 U.S.C. § 2253(c), a certificate of appealability is DENIED.
The Clerk is directed to send copies of this order and accompanying memorandum
opinion to Turner.
Entered: January 5, 2016.

/s/ Elizabeth K. Dillon
Elizabeth K. Dillon
United States District Judge