Sasser v. Director of the V.D.O.C.

Filing 24

ORDER granting 11 Motion to Dismiss (Opinion and Final Order mailed to Pro Se Party); Petition is DISMISSED; Certificate of Appealability is DENIED. Signed by District Judge Elizabeth K. Dillon on 7/28/2017. (tvt)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION JOHN H. SASSER, Petitioner, v. DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS, Respondent. ) ) ) ) ) ) ) ) Civil Action No. 7:16-cv-00333 By: Elizabeth K. Dillon United States District Judge FINAL ORDER In accordance with the memorandum opinion entered this day, it is hereby ORDERED that respondent’s motion to dismiss (Dkt. No. 11) is GRANTED, Sasser’s 28 U.S.C. § 2254 petition is DISMISSED, and this action is STRICKEN from the active docket of the court. Further, finding that Sasser 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 all counsel of record and to Mr. Sasser, petitioner. Entered: July 28, 2017. /s/ Elizabeth K. Dillon Elizabeth K. Dillon United States District Judge

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