Becton v. Zook, No. 3:2015cv00512 - Document 18 (E.D. Va. 2016)
Court Description: ORDER that 1) The Report and Recommendation is ACCEPTED and ADOPTED; 2) Respondent's Motion to Dismiss (ECF No. 8 ) is GRANTED; 3) Becton's § 2254 Petition (ECF No. 1 ) is DENIED; 4) Becton's claim and the action are DISMISS ED; and, 5) A certificate of appealability is DENIED. Should Becton desire to appeal, a written notice of appeal must be filed with the Clerk of the Court within thirty (30) days of the date of entry hereof. Failure to file a notice of appeal within that period may result in the loss of the right to appeal. It is so ORDERED. Signed by District Judge M. Hannah Lauck on 8/15/2016. Memorandum Opinion and Order were mailed to Petitioner. (sbea, )
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Becton v. Zook Doc. 18 r IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division AUG I 5 2016 y CLERK, U.S. DISTRICT COURl RICHMOND VA MAURICE J. BECTON, Petitioner, Civil Action No. 3:15CV512 V. WARDEN ZOOK, Respondent ORDER In accordance with the accompanying Memorandum Opinion, it is hereby ORDERED that: 1. The Report and Recommendation is ACCEPTED and ADOPTED; 2. Respondent's Motion to Dismiss (ECF No. 8) is GRANTED; 3. Beeton's§ 2254 Petition (ECF No. 1) is DENIED; 4. Beeton's claim and the action are DISMISSED; and, 5. A certificate of appealability is DENIED. Should Becton desire to appeal, a written notice of appeal must be filed with the Clerk of the Court within thirty (30) days of the date of entry hereof. Failure to file a notice of appeal within that period may result in the loss of the right to appeal. The Clerk is DIRECTED to send the Memorandum Opinion and Order to Becton and counsel of record. It is so ORDERED. AUG 1 5 2016 M. Hanna United Sta es Distnct Judge Date: Richmond, Virginia Dockets.Justia.com
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