Crigger v. Manis

Filing 3

MEMORANDUM OPINION. Signed by District Judge Elizabeth K. Dillon on 5/25/2017. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
TIMOTHY CRIGGER,
Petitioner,

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v.
CARL MANIS,
Respondent.

Civil Action No. 7:17cv00170
By: Elizabeth K. Dillon
United States District Judge

MEMORANDUM OPINION
By order entered April 20, 2017, the court conditionally filed Crigger’s petition for writ
of habeas corpus filed pursuant to 28 U.S.C. § 2254. In the conditional filing order, the court
ordered Crigger to provide information concerning the timeliness of his petition and either pay
the filing fee or apply to proceed in forma pauperis. The court advised Crigger that failure to
comply with the court’s order within ten days would result in the dismissal of his petition
without prejudice. Crigger did not respond to the court’s order.
Inasmuch as the time to respond has passed and Crigger has failed to comply with the
court’s order, the court will dismiss this action without prejudice. Crigger may re-file his claims
in a separate action.
An appropriate order will be entered.
Entered: May 25, 2017.

/s/ Elizabeth K. Dillon
Elizabeth K. Dillon
United States District Judge