Opinion
Civil Action No. 3:15CV133
02-29-2016
DENNIS WAYNE SPINDLE, Petitioner, v. HAROLD CLARKE, Respondent.
FINAL ORDER
In accordance with the accompanying Memorandum Opinion, it is hereby ORDERED that:
1. The Report and Recommendation (ECF No. 20) is accepted and adopted;
2 Respondent's Motion to Dismiss (ECF No. 12) is granted;
3. Spindle's § 2254 Petition is denied.
4. A certificate of appealability is denied.
5. The action is dismissed.
Should Spindle wish to appeal, a written notice of appeal must be filed with the Clerk of the Court within thirty (3 0) days of the date of entry hereof. Failure to file a written notice of appeal may result in the loss of the ability to appeal.
The Clerk of the Court is directed to send a copy of this Final Order to Spindle and counsel of record.
It is so ORDERED.
/s/_________
Robert E. Payne
Senior United States District Judge Date: February 29, 2016
Richmond, Virginia