Byrd v. Commonwealth of VA, No. 3:2018cv00623 - Document 4 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge John A. Gibney, Jr on 11/8/2018. Copy mailed to Petitioner.(ccol, )
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Byrd v. Commonwealth of VA Doc. 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division F i i. ft; i NOV - 92018, ;L;:r(K !; 3. Di3i.3iCT COURT DEVON M.BYRD, HICHMOMO. va Petitioner, Civil Action No.3:18CV623 COMM.OF VA., Respondent. MEMORANDUM OPINION Petitioner, a Virginia state prisoner proceeding pro se, submitted a 28 U.S.C. § 2254 petition. By Memorandum Order entered on October 4,2018, the Court directed Petitioner to pay the $5.00 filing fee or submit an appropriate informa pauperis affidavit within fifteen (15) days of the date of entry thereof. Additionally, the Court informed Petitioner that in the United States District Court for the Eastern District of Virginia, all pro se petitions for writs of habeas corpora must be filed on a set ofstandardized forms. See E.D. Va. Loc. Civ. R.83.4(A). The Court mailed Petitioner the standardized form for filing a § 2254 petition and directed him to complete and return the form to the Court within fifteen (15)days ofthe date ofentry hereof. The Court warned Petitioner that the failure to complete and return the form in a timely manner would result in dismissal of the action. See Fed. R. Civ. P. 41(b). More than fifteen (15) days have elapsed since the entry of the October 4, 2018 Memorandum Order and Petitioner has not responded. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. Dockets.Justia.com
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