White v. Department Of Corrections, No. 3:2016cv00159 - Document 5 (E.D. Va. 2016)
Court Description: MEMORANDUM OPINION. See Opinion for details. Signed by District Judge John A. Gibney, Jr on 06/08/2016. Copy mailed to pro se Petitioner.(ccol, )
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White v. Department Of Corrections Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division HERMAN WHITE, Pe ti ti o ner, Civ il Action No . 3:16CV159 v. DEPARTMENT OF CORRECTIONS, Respo ndent. MEMORANDUM OPINION Petitioner, a V irgini a prisoner proceeding pro se, submi tted thi s action which apparentl y sought to challenge his state conviction. By Memo randum Order entered on March 22, 2016, the Court informed Petitioner that if he wished to challenge his state conv iction, he must complete and returned the standardized form for seeking relief under 28 U .S.C. § 2254 within twenty (20) days of the date of entry thereof. The Court warned Petitioner that the failure to complete and return the form in a timely manner would result in the dismi ssal of the action. See Fed. R. Civ. P. 4l (b). By Memorandum Order entered on May 13, 2016 , the Court granted Petitioner and an additio nal eleven (11 ) days to comply with the March 22, 201 6 Memorandum Order. More than eleven ( 1 1) days have passed since the entry of the May 13, 201 6 Memorandum Order and the Court has not received the completed § 2254 fo rm from Petitioner. Accordingly, the action will be DISMISSED WITHOUT PREJ UDICE. A certificate of appealability is D ENIED. An appropriate Order shall accompany thi s Memo randum Opinion. fr; / b Date : g I Richmond, Virginia Isl John A. Gibney, Jr. United States District Jud e Dockets.Justia.com
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