Johnson v. City of Chesapeake, VA

Filing 5

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 09/13/2017. Copy mailed to Petitioner. (walk, )

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

DUANE WAYLAND JOHNSON,
Petitioner

V.

Civil No. 3:17CV514

CITY OF CHESAPEAKE, VA,

Respondent.

MEMORANDUM OPINION

By Memorandum Order entered on August 8, 2017, the Court directed Petitioner, within
eleven (11) days of date of entry thereof, to show cause as to why his § 2254 Petition should not
be dismissed for lack of exhaustion. The Court warned Petitioner that a failure to do so would

result in the dismissal of the § 2254 Petition without prejudice to re-file after Petitioner has
exhausted his state court remedies for all of his claims. On August 23, 2017, the United States

Postal Service returned the August 8, 2017 Memorandum Order to the Court marked, "RETURN
TO SENDER" and "UNABLE TO FORWARD." Since that date, Petitioner has not contacted

the Court to provide a current address. Petitioner's failure to contact the Court and provide a
current address indicates his lack of interest in prosecuting this action. See Fed. R. Civ. P. 41(b).
Accordingly, the action will be DISMISSED WITHOUT PREJUDICE.

An appropriate Order shall accompany this Memorandum Opinion.

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. /.

Richmond, Virgmia

John A. Gibney, Jr. / / j

United States District Judlge