United States District Court, Western District of Virginia, Roanoke Division
February 9, 2015
LOWELL MILLER, Petitioner,
CARL MANIS, WARDEN, Respondent.
Hon. Glen E Conrad, Chief United States District Judge.
In accordance with the accompanying memorandum opinion, it is hereby ADJUDGED AND ORDERED that the clerk SHALL correct the court's docket to designate this action as a petition for a writ of habeas corpus under 28 U.S.C. § 2241; petitioner's motion to amend the petition (ECF No. 5) is GRANTED; but the § 2241 petition, as amended, is DISMISSED without prejudice; and this action is stricken from the active docket of the court.
Further, finding that petitioner has failed to make a substantial showing of the denial of a constitutional right as required by 28 U.S.C. § 2253(c)(1), a certificate of appealability is DENIED.