Smith v. United States

Filing 6

MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 10/22/13. Copy sent: Yes(tdai, )

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

DONALD EARL SMITH,

Petitioner,
Civil Action No. 3:13CV341-HEH

v.

UNITED STATES,

Respondent.
MEMORANDUM OPINION

(Dismissing Without Prejudice 28 U.S.C. § 2241 Petition)
Petitioner, a federal inmate proceeding/?ro se, submitted a 28 U.S.C. § 2241

petition. On September 3, 2013, the Court received a Motion to Withdraw 28 U.S.C.
§ 2241 Without Prejudice. It was not clear whether Petitioner submitted the Motion to
Withdraw. Therefore, by Memorandum Order entered on October 8, 2013, the Court
informed Petitioner that if he wished to continue to prosecute of the present action, within

eleven (11) days of the date of entry thereof, he must file a statement informing the Court
of his desire to continue with the action. The Court informed Petitioner that in the

absence of such a statement, the Court would dismiss the action without prejudice. More

than eleven (11) days have elapsed since the entry of the October 8, 2013 Memorandum
Order and the Court has not received a response from Petitioner. Accordingly, the Court
will dismiss the action without prejudice.

An appropriate Order shall issue.

A
Date: \Jc\v 23.gd/3
Richmond, Virginia

W

H

HENRY E.HUDSON
UNITED STATES DISTRICT JUDGE