Kelley v. Clarke

Filing 20

ORDER granting 8 Motion to Dismiss; Certificate of Appealability is DENIED (Order and/or Opinion mailed to Pro Se Party). Signed by Judge Norman K. Moon on 12/8/2017. (tvt)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION DAVID WAYNE KELLEY, Petitioner, v. HAROLD W. CLARKE, Respondent. ) ) ) ) ) ) ) CASE NO. 7:17CV00278 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. 8) is GRANTED; (2) This action is STRICKEN from the active docket of this court; and (3) Concluding that Kelley 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. 8th ENTER: This _____ day of December, 2017.

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