Boyd v. Johnson

Filing 4

MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 9/23/13. Copy sent: Yes(tdai, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

ARNEZ BOYD,
Petitioner,
Civil Action No. 3:13CV177-HEH

GENE M. JOHNSON,

Respondent.
MEMORANDUM OPINION

(Dismissing Action Without Prejudice)
Petitioner, a Virginia inmate proceeding pro se9 submitted a motion to this Court

requesting that the Court appoint counsel to assist him in preparing and filing a 28 U.S.C.
§ 2254 petition. By Memorandum Order entered on August 8, 2013, the Court denied
Petitioner's Motion for Appointment of Counsel. The Court further informed Petitioner

that if he wished to proceed pursuant to 28 U.S.C. § 2254, he must file a petition for a
writ of habeas corpus on the proper forms. The Court mailed the standardized forms for
filing a § 2254 petition to Petitioner. The Court warned Petitioner that if he failed to

return the completed § 2254 forms within twenty (20) days of the date of entry thereof,

the Court would dismiss the action without prejudice. See Fed. R. Civ. P. 41(b). More
than twenty (20) days have elapsed and Petitioner has not returned the completed forms.
Accordingly, the action will be dismissed without prejudice.
An appropriate Order shall issue.

%M

/s/

HENRY E. HUDSON

Date:Scft zzvoll
Richmond, Virginia

UNITED STATES DISTRICT JUDGE