CLERK'S OFF|OE U.S. D|ST. COURT AT CHARLOTTESV|LLE. VA FlLEn IN THE UNITED STATES DIsTRlcT COURI .! 0 7 2009 FoR THE WESTERN DISTRICT 0F VIRGl IA F ` , CHARLoTTEsVILLE DIvIsIoN Y- / 1b DoN W. SMITH CiviL ACTIoN No. 3 :08-cv-00036 AND DoNNA L. SMITH, FINAL ORDER Plaintiffv, v. JUDGE NORMAN K. MooN MICHAEL R. MCCARTHY, ET AL., Defendants. For the reasons stated in the accompanying Memorandum Opinion, Defendants’ Motions to Dismiss are hereby GRANTED, this case is STRICKEN from the active docket of the Court, and any pending motions are DENIED as MOOT. The Clerk of the Court is directed to send a certified copy of this Order and the accompanying Memorandum Opinion to all counsel of record. lt is so ORDERED. Entered this § day of January, 2009. NoRI€qAN K. Moo‘N UNITED sTATES DISTRICT JUDGE Case 3:08-CV-00036-NKI\/|-BWC Document 70 Filed 01/07/09 Page 1 of 1 Pageid#: 471