Elliott v. Clarke

Filing 4

ORDER DISMISSING CASE without prejudice. Certificate of Appealability is denied. Signed by District Judge Elizabeth K. Dillon on 10/20/2015. (slt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
CHRISTOPHER L. ELLIOTT,
Petitioner,
v.
HAROLD W. CLARKE,
Respondent.

)
)
)
)
)
)
)

Civil Action No. 7:15cv00478
By: Elizabeth K. Dillon
United States District Judge

ORDER
In accordance with the Memorandum Opinion entered this day, it is hereby ORDERED
that Elliott’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 Elliott 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 the petitioner.
Entered: October 20, 2015.

Elizabeth K. Dillon
United States District Judge