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PACE v. WARDEN, 7:13cv00171. (2013)

Court: District Court, W.D. Virginia Number: infdco20130812953 Visitors: 26
Filed: Aug. 09, 2013
Latest Update: Aug. 09, 2013
Summary: ORDER NORMAN K. MOON, District Judge. In accordance with the Memorandum Opinion entered this day, it is hereby ordered that respondent's motion to dismiss (Docket No. 8) is GRANTED ; the above referenced 28 U.S.C. 2254 petition is DISMISSED ; and this action is STRICKEN from the active docket of the court. Further, finding that Pace 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
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ORDER

NORMAN K. MOON, District Judge.

In accordance with the Memorandum Opinion entered this day, it is hereby ordered that respondent's motion to dismiss (Docket No. 8) is GRANTED; the above referenced 28 U.S.C. § 2254 petition is DISMISSED; and this action is STRICKEN from the active docket of the court.

Further, finding that Pace 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.

The clerk is directed to send copies of this Order and the accompanying Memorandum Opinion to petitioner and counsel for respondent.

Source:  Leagle

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