Cruz v. Dillman

Filing 20

ORDER DISMISSING CASE without prejudice; Certificate of Appealabilty is DENIED. Signed by Judge Norman K. Moon on 6/19/2017. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
SHERRY LEE CRUZ,
Petitioner,
v.
JEFFERY DILLMAN,
Respondent.

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CASE NO. 7:16CV00436
FINAL ORDER
By: Norman K. Moon
United States District Judge

In accordance with the Memorandum Opinion entered this day, it is hereby ORDERED
that Cruz’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 Cruz 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.
19th
ENTER: This _____ day of June, 2017.