Billups v. Clarke

Filing 26

ORDER granting 9 Motion to Dismiss without prejudice; granting 22 Prisoner Miscellaneous Motion; granting 24 Motion to Amend/Correct. Certificate of Appealability is denied. Signed by District Judge Elizabeth K. Dillon on 9/29/2016. (slt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
DON BILLUPS,
Petitioner,
v.
HAROLD CLARKE,
Respondent.

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Civil Action No. 7:15-cv-597
By: Elizabeth K. Dillon
United States District Judge

ORDER
In accordance with the memorandum opinion entered this day, it is hereby ORDERED
that Billups’s two motions asking the court to consider additional materials (Dkt. Nos. 22, 24)
are GRANTED, and the court has considered those materials. It is further ORDERED that
respondent’s motion to dismiss (Dkt. No. 9) is GRANTED; Billups’s petition pursuant to 28
U.S.C. § 2254 is DISMISSED WITH PREJUDICE; and this case is STRUCK from the court’s
active docket.
Further, finding that Billups has failed to make a substantial showing of the denial of a
constitutional right as required by 18 U.S.C. § 2253(c), the court DENIES a certificate of
appealability.
The clerk is directed to send copies of this order and the memorandum opinion to the
petitioner and all counsel of record.
Entered: September 30, 2016.

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