Bruns v. Director, Virginia Dept.of Corrections

Filing 15

ORDER granting 6 Motion to Dismiss; Certificate of Appealability is DENIED. Signed by Judge Norman K. Moon on 7/14/2016. (tvt)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION KYLE DEAN BRUNS, Petitioner, v. DIRECTOR, VDOC, Respondent. ) ) ) ) ) ) ) Civil Action No. 7:15cv00392 FINAL ORDER By: Norman K. Moon United States District Judge In accordance with the memorandum opinion entered this day, it is hereby ORDERED that respondent’s motion to dismiss (Docket No. 6) is GRANTED, Bruns’ petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DISMISSED, and this case is STRICKEN from the active docket of the court. Further, finding that Bruns 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 of the Court is directed to send a copy of this order and accompanying memorandum opinion to the parties. 14th ENTER: This _____ day of July, 2016.

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