Moore v. Unknown, No. 3:2020cv00501 - Document 3 (E.D. Va. 2020)

Court Description: MEMORANDUM OPINION (Dismissing Civil Action Without Prejudice). Signed by District Judge Henry E. Hudson on 8/26/2020. (Copy mailed to Petitioner) (smej, )

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Moore v. Unknown Doc. 3 Case 3:20-cv-00501-HEH-RCY Document 3 Filed 08/26/20 Page 1 of 2 PageID# 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division SAMUEL PETER MOORE, Petitioner, Civil Action No. 3:20CV501-HEH V. UNKNOWN, Respondent. MEMORANDUM OPINION (Dismissing Civil Action Without Prejudice) Petitioner, a Virginia inmate proceeding pro se, submitted a letter. (EOF 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. § 2241. See Rivenbark v. Virginia, 305 F. App'x 144, 145 (4th Cir. 2008). By Memorandum Order entered on July 22, 2020, 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. The Court warned Petitioner that the failure to comply with the terms ofthe July 22, 2020 Memorandum Order would result in the dismissal of the action. See Fed. R. Civ. P. 41(b). More than twenty(20) days have elapsed and Petitioner has not completed and returned the standardized form for filing a § 2254 petition or otherwise responded to the Dockets.Justia.com Case 3:20-cv-00501-HEH-RCY Document 3 Filed 08/26/20 Page 2 of 2 PageID# 7 July 22, 2020 Memorandum Order. Accordingly, the action will be dismissed without prejudice. A certificate of appealability will be denied. An appropriate Order shall accompany this Memorandum Opinion HENRY E. HUDSON Date:fli.^ Richmond, Virginia SENIOR UNITED STATES DISTRICT JUDGE

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