Frazier v. Ormond, No. 3:2018cv00296 - Document 15 (E.D. Va. 2019)

Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 11/25/2019. Copy mailed to Petitioner.(tjoh, )

Download PDF
Frazier v. Ormond Doc. 15 H y IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division F - ^ NOV 2 5 2019 J1 TONY EDUARDO FRAZBER, Petitioner, Civil Action No. 3:18CV296 V. J. RAY ORMOND, Respondent. MEMORANDUM OPINION Petitioner, a former federal inmate proceeding pro se, filed a petition under 28 U.S.C. § 2241. In his § 2241 Petition, Petitioner asserts that his sentence as a career offender is illegal because he lacks valid predicate felony offenses to enhance his sentence. (EOF No. 1, at 3.) Since the filing of his § 2241 Petition, Petitioner has been released from custody. Accordingly, by Memorandum Order entered on October 10,2019,the Court directed Petitioner, within eleven(11) days ofthe date ofentry thereof, to show cause why the present action should not be dismissed as moot. See Spencer v. Kemnat 523 U.S. 1, 10(1998); Wallace v. Jarvis, 423 F. App'x 328, 328 (4th Cir. 2011)(citations omitted). The Court explained that the failure to file a proper response would result in the dismissal ofthe action. See Fed. R. Civ. P. 41(b). The Court also noted that it appeared that Petitioner was no longer interested in litigating his § 2241 Petition because he has not contacted the Court since his release. More than eleven (11) days have elapsed since the entry of the October 10, 2019 Memorandum Order and Petitioner has not responded. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate Order shall accompany this Memorandum Opinion. Date:2J Richmond, Virginia John A.Gibney, Jr. United States District Judfee Dockets.Justia.com

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.