Davis v. Unknown, No. 3:2019cv00630 - Document 3 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 10/29/2019. (smej, )
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Davis v. Unknown Doc. 3 IN THE UNITED STATES DISTRICT COURT y L 1 RV FOR THE EASTERN DISTRICT OF VIRGINIA nly Richmond Division OCT 2 9 2019 ANTHONY BERNARD DAVIS,JR., CLERK, U.S. DiSTRiCT COURT RICHMOND VA Petitioner, Civil Action No. 3;19CV630 UNKNOWN, Respondent. MEMORANDUM OPINION Petitioner, a Virginia prisoner proceeding pro se, submitted a document complaining about his arrest. (ECF No. 1.) Given the content of this document, the Court found it was appropriate to give Petitioner the 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). By Memorandum Order entered on September 11, 2019, the Court directed Petitioner, within twenty(20) days ofthe date of entry thereof, to complete and return the standardized form for filing a § 2254 petition if he wished to file a petition for a writ of habeas corpus. The Court warned Petitioner that the failure to comply with the terms of the September 11, 2019 Memorandum Order would result in the dismissal ofthe action. See Fed. R. Civ. P. 41(b). More than twenty (20) days have elapsed and Petitioner has not completed and returned the § 2254 form. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. A certificate of appealability will be DENIED. An appropriate Order shall accompany this Memorandum Opinion John A. Gibney, Jr. United States Distrid Judge Richmond, Virginia Dockets.Justia.com
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