Opinion
CASE NO. 7:12CV00176
05-08-2012
AUDIE WAYNE TALLEY, Plaintiff, v. ABINGDON POLICE DEPARTMENT, OFFICER WOLFE, Defendant(s).
FINAL ORDER
By: James C. Turk
Senior United States District Judge
In accordance with the accompanying memorandum opinion, it is hereby
ADJUDGED AND ORDERED
that plaintiff's civil rights complaint under 42 U.S.C. § 1983, alleging he has been wrongfully confined for violating a protective order never served on him, is hereby CONSTRUED as a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, and is summarily DISMISSED without prejudice for failure to exhaust state court remedies; this action is stricken from the active docket of the court; and 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.
________________________
Senior United States District Judge