Braxton v. Faulkner et al

Filing 15

ORDER DISMISSING CASE without prejudice; Certificate of Appealability is DENIED (Order and/or Opinion mailed to Pro Se Party). Signed by Senior Judge Norman K. Moon on 5/22/2018. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
BRIAN OMAR BRAXTON, SR.,
Petitioner,
v.
FAULKNER, et al.,
Respondent.

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CASE NO. 7:17CV00422
FINAL ORDER
By: Norman K. Moon
Senior United States District Judge

For the reasons set forth in the Opinion accompanying this Final Order, this action,
construed as a Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254, is DISMISSED
without prejudice for failure to exhaust available state court remedies.
The clerk shall close the case. Because the defendant has not made a substantial showing
of the denial of a constitutional right, a certificate of appealability is DENIED.
It is so ORDERED.
22nd
ENTER: This _____ day of May, 2018.