Williams v. Fahey

Filing 160

MEMORANDUM OPINION. See for complete details. Signed by District Judge John A. Gibney, Jr. on 12/29/2016. Clerk mailed copy to Petitioner. (nbrow)

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IN THE UN ITED ST ATES DISTRICT COURT FOR THE EASTER N DISTRICT OF VIRGINIA Richmond Division DANIAL J. WILLIAMS. Petitioner, Civi l Action No. 3:09CV769 v. KAREN D. BROWN, Respondent. MEMORANDUM OPINION By Memorandum Order entered on October 3 1, 20 l 6, the Court granted Petitioner relief on the claim of police misconduct discussed in the Limited Rule 5 Answer. The Court stated that that the writ of habeas corpus will issue unl ess the Commonwealth of Virginia commences the retrial or Petitioner within sixty (60) clays of the elate or entry thereof. At a hearing held on December 14, 2016, in the Circuit Court or the City of lorfolk (..Circuit Court"), at the request or the Commonwealth of Virginia, the Circui t Court entered an order of nolle prosequi with respect to Petitioner' s indictments for First Degree Mmder and Rape. (ECF No. 157-1 .) Thereafter, on December 20, 20 16, Respondent moved to dismiss as moot and strike from the docket Petitioner' s petition fo r a writ of habeas corpus. Respondent 's Motion (ECF No. 157) will be GRANTED I T PART AND DEN IED IN PART. The writ of habeas corpus WILL ISSUE and the action WILL BE CLOSED. An appropriate Fina l Order shall accompany this Memorandum Opinion. Isl John A. Gibney, Jr. United States Distri t Juo

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