Smith v. Clarke
Franklin C. Smith |
Harold W. Clarke |
2:2018cv00327 |
June 20, 2018 |
US District Court for the Eastern District of Virginia |
Norfolk Office |
Sussex |
Mark S. Davis |
Lawrence R. Leonard |
General |
28 U.S.C. ยง 2254 |
None |
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Filing 38 FINAL ORDER. It is ORDERED that the Court agrees with the R&R on the grounds stated by the Magistrate Judge and ADOPTS and APPROVES the R&R in its entirety as the Court's own opinion. The Respondent's motion to dismiss is GRANTED, and the Petitions are DISMISSED WITHOUT PREJUDICE. It is therefore ORDERED that judgment be entered in favor of the Respondent. A certificate of appealability is DENIED. Petitioner is ADVISED that he may seek a certificate from the United States Court of App eals for the Fourth Circuit by filing a written notice of appeal with the Clerk of the United States District Court, United StatesCourthouse, 600 Granby Street, Norfolk, Virginia 23510 within thirty (30) days. Signed by Chief District Judge Mark S. Davis on 5/21/2020. Copies mailed 5/22/2020. (jmey, ) |
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Petitioner: Franklin C. Smith | |
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Respondent: Harold W. Clarke | |
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