Ross v. Fleming

Filing 28

ORDER granting 10 Motion to Dismiss; this action is STRICKEN from the active docket of the court; and a Certificate of Appealability is DENIED. Signed by Judge Norman K. Moon on 3/10/2017. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
JERAD MICHAEL ROSS,
Petitioner,
v.
LESLIE J. FLEMING, WARDEN,
WALLENS RIDE STATE PRISON,
Respondent.

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CASE NO. 7:16CV00222
FINAL ORDER
By: Norman K. Moon
Senior United States District Judge

In accordance with the Memorandum Opinion entered this day, it is hereby ORDERED
and ADJUDGED as follows:
(1) The Respondent’s motion to dismiss (ECF No. 12) is GRANTED;
(2) This action is STRICKEN from the active docket of this court; and
(3) Concluding that Ross 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 the accompanying Memorandum
Opinion to the parties.
10th
ENTER: This _____ day of March, 2017.