Mayo v. Herring

Filing 9

MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 11/19/2018. (Copy mailed to Petitioner) (smej, )

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

JONATHAN ONEIL MAYO,
Petitioner,
Civil Action No. 3;18CV231

MARK HERRING,

Respondent.
MEMORANDUM OPINION

Petitioner, a Virginia state prisoner proceeding pro se^ submitted a 28 U.S.C. § 2254

petition. By Memorandum Order entered on October 9,2018, the Court directed Petitioner to
show good cause as to why the action should not be dismissed for failure to exhaust his state
court remedies. On October 18, 2018,the United States Postal Service returned the October 9,
2018 Memorandum Order to the Court marked,"NOT IN OUR FACILITY." Since that date.

Petitioner has not contacted the Court to provide a current address. Petitioner's failure to keep
the Court advised as to his current address indicates his lack ofinterest in prosecuting the action.

Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. A certificate of
appealability will be DENIED.

An appropriate Order shall accompany this Memorandum Opinion.

M. HannaH L u [qjc
United States'District Judge

Date: NOV 1 9 2018
Richmond, Virginia