Proffitt v. Unknown

Filing 3

MEMORANDUM OPINION (Dismissing Civil Action Without Prejudice). Signed by District Judge Henry E. Hudson on 03/18/2019. (Copy mailed to Petitioner) (smej, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

JOSHUA LOUIS PROFFITT,

Petitioner,
Civil Action No. 3:19CV15-HEH

UNKNOWN,

Respondent.
MEMORANDUM OPINION

(Dismissing Civil Action Without Prejudice)

Petitioner, a Virginia prisoner proceeding pro se, submitted a letter. (EOF No. 1.)
Given the content of this 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. § 2254. See Rivenbark v. Virginia, 305 F. App'x 144, 145 (4th Cir. 2008).

By Memorandum Order entered on February 13, 2019, the Court directed
Petitioner, within twenty (20) days of the date of entry thereof, to complete and return the
standardized form for filing a § 2254 petition. The Court warned Petitioner that the

failure to comply with the terms ofthe February 13, 2019 Memorandum Order would
result in the dismissal of the action. See Fed. R. Civ. P. 41(b).

More than twenty (20) days have elapsed and Petitioner has not completed and
returned the § 2254 fomi or otherwise responded to the February 19, 2019 Memorandum

Order. Accordingly, the action will be dismissed without prejudice. A certificate of
appealability will be denied.

An appropriate Order shall accompany this Memorandum Opinion.
/s/

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Date:
Richmond, Virginia

Henry E. Hudson

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Senior United States District Judge