Ickes v. Warden of the Greensville Correctional Center, No. 3:2014cv00028 - Document 40 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 9/15/2015. Copy mailed to Pro Se Petitioner. (jsmi, )
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Ickes v. Warden of the Greensville Correctional Center Doc. 40 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JOHN WOODWARD ICKES, JR., Petitioner, V. Civil Action No. 3:14CV28 WARDEN OF THE GREENVILLE CORRECTIONAL CENTER, Respondent. MEMORANDUM OPINION By Memorandum Opinion and Order entered March 2, 2015, the Court dismissed John Woodward Ickes's 28 U.S.C. § 2254 petition. (ECF Nos, 31-32.) The Court subsequently denied a certificate of appealability. (ECF No. 33.) Ickes appealed. On July 30, 2015, the United States Court of Appeals for the Fourth Circuit "grant[ed] a certificate of appealability, vacat[ed] the district court's order, remand[ed] the case to the district court, and instruct[ed] the district court to dismiss the petition for lack ofjurisdiction." Ickes v. Warden ofGreensville Corr. Crr., —F. App'x—, 2015 WL 4571112, at *1 (4th Cir. July 30,2015). The Fourth Circuit explainedthat despite its grant of a certificateof appealability "the state court issued a civil commitment order while the § 2254 proceedings were pending, thereby rendering the § 2254 petition moot." Id. In accordance with the Fourth Circuit's directive, the Court will DISMISS the petition for lack ofjurisdiction. An appropriate Order shall issue. Date: 7'^ Richmond, Virginia /s/ James R. Spencer Senior U. S. District Judi^c Dockets.Justia.com
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