Alexander v. Commonwealth of Virginia, No. 3:2020cv00728 - Document 3 (E.D. Va. 2020)

Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 11/5/2020. Copy to Plaintiff as directed. (jsmi, )

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Alexander v. Commonwealth of Virginia Doc. 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division DARRICK M.ALEXANDER, Plaintiff, Civil Action No. 3:20CV728-HEH V. COMMONWEALTH OF VIRGINIA, Defendant. MEMORANDUM OPINION (Dismissing Action Without Prejudice) By Memorandum Order entered on September 30, 2020, the Court directed Plaintiffto complete the forms for either a 28 U.S.C. § 2254 petition or a 42 U.S.C. § 1983 action and return the same to the Court within fifteen(15)days ofthe date of entry thereof. The Court explained that the failure to complete an appropriate form and return the same to the Court within that time would result in the dismissal ofthe action. See Fed. R. Civ. P. 41(b). More than fifteen(15)days have elapsed and Plaintiff has not returned a form or otherwise responded to the Court's Memorandum Order issued on September 30,2020. Plaintiffs conduct demonstrates a willful failure to prosecute. See Fed. R. Civ. P. 41(b). Accordingly, this action will be DISMISSED WITHOUT PREJUDICE. An appropriate Order shall accompany this Memorandum Opinion. /s/ HENRY E. HUDSON Date: SENIOR UNITED STATES DISTRICT JUDGE Richmond, Virginia Dockets.Justia.com

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