Opinion
CASE NO. 7:16CV00492
12-22-2016
LOWELL MILLER, Petitioner, v. VIRGINIA DEPARTMENT OF CORRECTIONS, ET AL., Respondents.
FINAL ORDER
In accordance with the accompanying memorandum opinion, it is hereby
ADJUDGED AND ORDERED
that this petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, is DISMISSED as untimely filed, and the 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.
ENTER: This 22nd day of December, 2016.
/s/_________
Chief United States District Judge