Sabeso v. Commonwealth of Virginia, No. 3:2018cv00086 - Document 3 (E.D. Va. 2018)

Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 05/24/2018. Copy mailed to pro se Petitioner.(tjoh, )

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Sabeso v. Commonwealth of Virginia Doc. 3 » L IS IN THE UNITED STATES DISTRICT COURT MAY 2 H 20'8 FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division zJ CLERK. U.S. Di.STRCCY COURT RICHMOND, VA DELICIA SABESO, Petitioner, Civil Action No. 3:18CV86-HEH V. COMMONWEALTH OF VIRGINIA, Respondent. MEMORANDUM OPINION (Dismissing Civil Action Without Prejudice) Petitioner, a Virginia prisoner proceeding pro se, submitted a document entitled, "RIGHTS OF ACCUSED PERSONS; APPLICATION FOR WRIT OF HABEAS CORPUS'BEFORE TRIAL'." (EOF No. 1 (emphasis omitted).) By Memorandum Order entered on April 27,2018,the Court directed Petitioner, within eleven(II)days ofthe date of entry thereof, to complete and return the standardized form for filing a § 2254 petition. The Court also directed Petitioner, within fifteen(15)days ofthe date of entry thereof, to complete and return an informa pauperis affidavit. The Court warned Petitioner that the failure to comply with the terms ofthe April 27, 2018 Memorandum Order would result in the dismissal ofthe action. See Fed. R. Civ. P. 41(b). More than eleven(11)days have elapsed and Petitioner has not completed and returned the § 2254 petition form or otherwise responded to the April 27, 2018 Memorandum Order. Petitioner also failed to complete and return an informa pauperis Dockets.Justia.com form within the allotted time. Accordingly, the action will be dismissed without prejudice. A certificate of appealability will be denied. An appropriate Order shall accompany this Memorandum Opinion. /s/ HENRY E. HUDSON UNITED STATES DISTRICT JUDGE Date: Richmond, 1/^irginia mond, l/^irgihia

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