Jenkins v. Watson, No. 3:2020cv00171 - Document 13 (E.D. Va. 2020)

Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 10/29/2020. Copy to Petitioner as directed. (jsmi, )

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Jenkins v. Watson Doc. 13 Case 3:20-cv-00171-HEH-RCY Document 13 Filed 10/29/20 Page 1 of 1 PageID# 42 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division DARYL EUGENE JENKINS, Petitioner, Civil Action No. 3:20CV171-HEH V. WARDEN D. WATSON, Respondent. MEMORANDUM OPINION (Granting Motion to Dismiss) Daryl Eugene Jenkins, a Virginia state prisoner proceeding pro se, brings this petition pursuant to 28 U.S.C. § 2254("§ 2254 Petition," EOF No. 1)challenging his convictions for unlawful wounding and destruction of property in the Circuit Court for the City of Virginia Beach, Virginia. Rule 2 ofthe Rules Governing Section 2254 Cases requires that petitions pursuant to 28 U.S.C. § 2254 "be signed under penalty of peijury by the petitioner or by a person authorized to sign it for the petitioner under 28 U.S.C. § 2242." Rules Governing § 2254 Cases in U.S. District Courts, Rule 2(c)(5). Respondent moved to dismiss the § 2254 Petition on the ground that Jenkins had failed to sign § 2254 Petition. Jenkins made no effort to correct this deficiency. Accordingly, the Motion to Dismiss(ECF No.8)will be granted and the action will be dismissed witliout prejudice. A certificate of appealability will be denied. An appropriate Order will accompany this Memorandum Opinion. /s/ HENRY E. HUDSON Date:/?«.f.X^,2a&0 SENIOR UNITED STATES DISTRICT JUDGE Richmond, Virginia Dockets.Justia.com

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