Kelley
v.
Clarke

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISIONDec 8, 2017
CASE NO. 7:17CV00278 (W.D. Va. Dec. 8, 2017)

CASE NO. 7:17CV00278

12-08-2017

DAVID WAYNE KELLEY, Petitioner, v. HAROLD W. CLARKE, Respondent.


FINAL ORDER

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.

ENTER: This 8th day of December, 2017.

/s/_________


NORMAN K. MOON


UNITED STATES DISTRICT JUDGE