Hardy v. Barns

Filing 56

MEMORANDUM OPINION. See for complete details. Signed by District Judge Robert E. Payne on 02/08/2016. Clerk mailed copy to pro se Petitioner. (nbrow)

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

FEB - 9 20l6
CLERK, U.S. DISTRICT COURT
RICHMOND, VA

KEYON SANTE HARDY,
Petitioner,

v.

Civil Action No. 3:13CV747

HAROLD CLARKE,
Respondent.
MEMORANDUM OPINION
Keyon

Sante

Hardy,

a

Virginia

inmate

proceeding

pro

se,

filed this petition for a writ of habeas corpus pursuant to 28
U.S.C.

2254.

§

In his 28 U.S.C.

§

2254 Petition,

Hardy claimed

that he failed to receive proper credit against his sentence for
time spent in custody.
Petitioner

has

been

Since the filing of his
released

from

custody.

Memorandum Order entered on January 8,
Hardy,

within eleven (11)

show cause
moot.

why

Jarvis,

423

F.

Kemna,

App'x

2254 Petition,

Accordingly,

328,

should not

523 U.S.
328

1,

{4th

by

the Court directed

days of the date of entry thereof,

the present action

See Spencer v.

2016,

§

be

to

dismissed as

10

(1998);

Wallace v.

Cir.

2011)

(citations

omitted).
More than eleven
the

January

responded.

8,

(11)

2016

Accordingly,

days have elapsed since the entry of

Memorandum

Order

and

Hardy

has

not

the action will be dismissed as moot.

The Court will DENY a certificate of appealability.

The

Clerk

is

directed

to

send a

copy of

the

Memorandum

Opinion to Hardy and counsel for Respondent.
It is so ORDERED.

/s/

/(ff

Robert. E. Payne
Senior United States District Judge

Richmond, Virgini§
Date: February

· , 2016

2