Dick v. Fahey

Filing 133

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

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTE RN DI ST RICT OF VIRG INIA
Richmond Division
JOSEPH J. DI CK, JR.,

Petitioner,
Civil Action No. 3:10CV505

V.

KAREN 0. BROWN,

Respondent.
MEMORAND UM OP INION

By Memorandum Order entered on October 31, 20 16, the Court granted Petitioner relief
on the claim of police misconduct cliscussccl in the Limited Rule 5 Answer. The Court stated that
that the writ of habeas corpus will issue unless the Commonwealth of Virgi nia commences the
retrial or Petitioner withi n sixty (60) days of the date of entry thereof. At a heari ng held on
December 14, 2016, in the Circuit Court or the City of 1 orfol k (""C ircuit Court''). at the request
or the Commonwealth of Virginia, the Circuit Court entered an order of nolle prosequi with
respect to Petitioner's indictments for First Degree Murder and Rape.

(ECF

o. 130-1.)

Thereafter, on December 20, 2016, Respondent moved to dismi ss as moot and strike from
the docket Petitioner's petition fo r a writ of habeas corpus. Respondent's Motion (ECF No. 130)
wi ll be GRANTED IN PART AND DEN IED IN PART. The writ of habeas corpus WILL
ISSUE and the action WfLL BE CLOS ED.
An appropriate Final Order shall accompany this Memorandum Op in ion.

2-/

Date:
f 2-1 }/
Richmond , Virgi J a

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Isl
John A. Gibney, Jr.
United States Dis · t J

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