United States District Court, Eastern District of Virginia, Richmond Division
February 25, 2015
KENNETH WAYNE CLARK, JR., Petitioner,
HAROLD CLARKE, Respondent.
Henry E. Hudson United States District Judge
Adopting Report and Recommendation and Dismissing Action
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. 9) is GRANTED;
3. Clark's § 2254 Petition is DENIED;
4. Clark's claims and the action are DISMISSED; and, 4. A certificate of appealability is DENIED.
Should Clark 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 Final Order to Clark and counsel of record.
It is so ORDERED.