Simpson v. Supreme Court Of Virginia, No. 3:2018cv00165 - Document 3 (E.D. Va. 2018)

Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 05/08/2018. Copy mailed to Petitioner.(tjoh, )

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Simpson v. Supreme Court Of Virginia Doc. 3 H-Y - Fi ^-8 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CLERK. U.S. DISTRICT COURT RICHMOND, VA JOHN D. SIMPSON, Petitioner, Civil Action No. 3:18CV165 V. SUPREME COURT OF VIRGINIA, Respondent, MEMORANDUM OPINION John D. Simpson submitted a document "NOTICE OF APPEAL." (EOF No. 1.) that he labeled a Given the content of this document, the Court gave Simpson an opportunity to pursue this action as a petition for a writ of habeas corpus under 28 U.S.C. § 2254. See Rivenbark v. Virginia, 305 F. App'x 144, 145 (4th Cir. 2008). Accordingly, by Memorandum Order entered on April 4, 2018, the Court sent Simpson the form for filing a 28 U.S.C. § 2254 petition. The Court informed Simpson that if he wished to proceed pursuant to 28 U.S.C. § 2254, he must complete the § 2254 petition form and return the same to the Court within twenty (20) days of the date of entry thereof. The Court warned Simpson that the failure to return the § 2254 petition form or take any further action in this matter within twenty (20) days of the date of entry thereof would result in the dismissal of the action. See Fed. R. Civ. P. 41(b). More than twenty (20) days have elapsed since the entry of the April 4, 2018 Memorandum Order and Simpson has not Dockets.Justia.com responded. prejudice. An Accordingly, the action will be dismissed without The Court will deny a certificate of appealability. appropriate Order shall accompany this Memorandum Opinion. /s/ Robert E. Payne Senior United States District Judge Richmond, Virginia Date:

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