O'Connor v. United States
Filing
9
MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 10/30/2018. Copy mailed to Petitioner.(tjoh, )
i
L
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OCT 30 2018
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
CLERK, U.S. DISTRICT COURT
RICHMO?jD
MICHAEL B. O'CONNOR,
Petitioner,
Civil Action No. 3:18CV297-HEH
V.
UNITED STATES OF AMERICA,
Respondent.
MEMORANDUM OPINION
(Denying Motion for Reconsideration)
Petitioner, a federal inmate proceeding pro se, submitted a letter. (ECF No. 1.)
Given the content ofthis document,the Court found it was appropriate to give Petitioner
the opportunity to pursue this action as a petition for a writ of habeas corpus under 28
U.S.C. § 2241. See Rivenbark v. Virginia, 305 F. App'x 144, 145 (4th Cir. 2008).
By Memorandum Order entered on May 10,2018, the Court directed Petitioner,
within twenty(20) days ofthe date of entry thereof, to complete and return the
standardized form for filing a § 2241 petition. The Court warned Petitioner that the
failure to comply with the terms ofthe May 10,2018 Memorandum Order would result in
the dismissal ofthe action. See Fed. R. Civ. P. 41(b). More than twenty(20)days
elapsed and Petitioner had not completed and returned the standardized form for filing a
§ 2241 petition or otherwise responded to the May 10, 2018 Memorandum Order.
Accordingly, by Memorandum Order entered on June 25,2018,the Court dismissed the
action.
On July 26, 2018, the Court received a Notice of Appeal and Motion for
Reconsideration from Petitioner. Petitioner contends that he wishes to pursue the action
as a 28 U.S.C. § 2241, but he did not have time to complete the § 2241 form.
Accordingly, by Memorandum Order entered on August 16, 2018, the Court
directed the Clerk to mail Petitioner the form for filing a § 2241 petition. The Court
informed Petitioner that if he wished to pursue this action as a 28 U.S.C. § 2241, he must
complete and return the form to the Court within thirty(30)days ofthe date of entry
thereof. Over sixty(60)days have elapsed since the entry ofthe August 16,2018
Memorandum Order and Petitioner has not returned a § 2241 form to the Court.
Accordingly, Petitioner's Motion for Reconsideration(ECF No. 7)will be denied. If
Petitioner submits the completed § 2241 form in the future it will be processed as a new
action.
An appropriate Order will accompany this Memorandum Opinion.
/s/
Henry E. Hudson
Date:bct.3»jS.ol9
Richmond, Virginia
Senior United States District Judge
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