Dick v. Muse, No. 3:2010cv00505 - Document 133 (E.D. Va. 2016)

Court Description: MEMORANDUM OPINION. See for complete details. Signed by District Judge John A. Gibney, Jr. on 12/29/2016. Clerk mailed copy to Petitioner. (nbrow)
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Dick v. Muse Doc. 133 IN THE UNITED STATES DISTRICT COURT FOR THE EASTE RN DI ST RICT OF VIRG INIA Richmond Division JOSEPH J. DI CK, JR., Petitioner, Civil Action No. 3:10CV505 V. KAREN 0. BROWN, Respondent. MEMORAND UM OP INION By Memorandum Order entered on October 31, 20 16, the Court granted Petitioner relief on the claim of police misconduct cliscussccl in the Limited Rule 5 Answer. The Court stated that that the writ of habeas corpus will issue unless the Commonwealth of Virgi nia commences the retrial or Petitioner withi n sixty (60) days of the date of entry thereof. At a heari ng held on December 14, 2016, in the Circuit Court or the City of 1 orfol k (""C ircuit Court''). at the request or the Commonwealth of Virginia, the Circuit Court entered an order of nolle prosequi with respect to Petitioner's indictments for First Degree Murder and Rape. (ECF o. 130-1.) Thereafter, on December 20, 2016, Respondent moved to dismi ss as moot and strike from the docket Petitioner's petition fo r a writ of habeas corpus. Respondent's Motion (ECF No. 130) wi ll be GRANTED IN PART AND DEN IED IN PART. The writ of habeas corpus WILL ISSUE and the action WfLL BE CLOS ED. An appropriate Final Order shall accompany this Memorandum Op in ion. 2-/ Date: f 2-1 }/ Richmond , Virgi J a b Isl John A. Gibney, Jr. United States Dis ยท t J e Dockets.Justia.com