FORMICA v. CLARKE

Case No. 7:16CV00342.

MICHAEL JOSEPH FORMICA, Petitioner, v. HAROLD W. CLARKE, Respondent.

United States District Court, W.D. Virginia, Roanoke Division.

Editors Note
Applicable Law: 28 U.S.C. § 2254
Cause: 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Nature of Suit: 530 Habeas Corpus (General)
Source: PACER


Attorney(s) appearing for the Case

Michael Joseph Formica, Petitioner, Pro Se.

Harold Clarke, Respondent, represented by Lauren Catherine Campbell , Office of the Attorney General of Virginia.


FINAL ORDER

MICHAEL F. URBANSKI, District Judge.

In accordance with the accompanying memorandum opinion, it is hereby

ADJUDGED AND ORDERED

that the motion to dismiss (ECF No. 8) is GRANTED, the petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, is DISMISSED, and the clerk shall STRIKE this action 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.


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