Cubbage v. Clarke

Filing 18

ORDER granting 8 Motion to Dismiss, Certificate of Appealability is DENIED. Signed by Chief United States District Judge Glen E. Conrad on 11/3/2016. (tvt)

CLERK'S OFFICE U.s. OIST. COURT
··.. AT ROANOKE, VA
FILED

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..

NOV 0 3 2016

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
DANNY RAY CUBBAGE,

Petitioner,

v.
HAROLD CLARKE, DIRECTOR,

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Respondent.

B~:ULIA ~~RWf. CL~

CASE NO. 7:15CV00680

FINAL ORDER

By: Hon. Glen E. Conrad
Chief United States District Judge

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In accordance with the accompanying memorandum opinion, it is hereby
ADJUDGED AND ORDERED
that the motion to dismiss (ECF No. 8) is GRANTED, the petition for a writ of habeas corpus,
pursuant to 28 U.S.C. § '2254, is DISMISSED, and the clerk shall STRIKE this action 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)(l), a certificate of appealability is
DENIED.
ENTER: This 31\A2day ofNovember, 2016.

Chief

I

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