Pannell v. Commonwealth of Virginia, No. 7:2017cv00042 - Document 9 (W.D. Va. 2017)

Court Description: MEMORANDUM OPINION. Signed by District Judge Elizabeth K. Dillon on 7/19/2017. (tvt)
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Pannell v. Commonwealth of Virginia Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION DONTEY REMONE PANNELL, Petitioner, v. COMMONWEALTH OF VIRIGNIA, Respondent. ) ) ) ) ) ) ) Civil Action No. 7:17cv00042 By: Elizabeth K. Dillon United States District Judge MEMORANDUM OPINION By order entered February 2, 2017, the court conditionally filed Pannell’s petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. In the conditional filing order, the court ordered Pannell to either pay the filing fee or apply to proceed in forma pauperis. The court advised Pannell that failure to comply with the court’s order within twenty days would result in the dismissal of his petition without prejudice. Pannell filed an amended petition and requested an extension of time concerning financial arrangements. The court granted Pannell an extension, but he did not respond to the court’s order concerning financial arrangements. Inasmuch as the time to respond has passed and Pannell has failed to comply with the court’s order, the court will dismiss this action without prejudice. Pannell may re-file his claims in a separate action. An appropriate order will be entered. Entered: July 19, 2017. /s/ Elizabeth K. Dillon Elizabeth K. Dillon United States District Judge