Lewis v. Warden

Filing 12

MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 8/14/2017. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
GREGORY WADE LEWIS,
Petitioner,
v.
WARDEN,
Respondent.

)
)
)
)
)
)
)

Civil Action No. 7:16cv00537
MEMORANDUM OPINION
By: Norman K. Moon
United States District Judge

By order entered August 1, 2017, the court directed Lewis to show cause why his petition
for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 should not be dismissed as moot.
The court advised Lewis that failure to respond would result in dismissal of the action.
Inasmuch as the time to respond has passed and Lewis has failed to comply with the court’s
order, I will dismiss this action without prejudice.1
14th
ENTER: This _____ day of August, 2017.

1

I note that it also appears that Lewis’s petition is moot. As relief to his habeas petition, Lewis seeks
placement in a halfway house. It appears that Lewis has now been released from incarceration (see Docket No. 9,
attach. 2) and, thus, the relief he seeks is no longer available. Further, Lewis’s claims are unexhausted.