Noel v. United States Of America, No. 7:2012cv00293 - Document 4 (W.D. Va. 2012)
Court Description: MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 7/27/2012. (tvt)
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION LARRY DARNELL NOEL, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) Civil Action No. 7:12-cv-00293 MEMORANDUM OPINION By: Norman K. Moon United States District Judge By Order entered July 9, 2012, the court construed Larry Darnell Noel s letter as a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 and conditionally filed the petition. In the conditional filing order, the court directed Noel to complete a § 2241 petition form and either pay the filing fee or sign and return a consent to fee form within ten (10) days of the entry of that order. The court advised Noel that failure to comply with the court s order would result in the dismissal of his action without prejudice. As the time allowed for such response has elapsed and as Noel has failed to respond in any way to the court s order, it is hereby ORDERED that this action is DISMISSED without prejudice and STRICKEN from the active docket of this court. Noel is advised that he may refile his claims in a separate action. The Clerk of the Court is directed to send copies of this Memorandum Opinion and the accompanying Order to the parties. ENTER: This 27th day of July, 2012.