Opinion
Civil Action No. 3:20CV171-HEH
10-29-2020
DARYL EUGENE JENKINS, Petitioner, v. WARDEN D. WATSON, Respondent.
MEMORANDUM OPINION
(Granting Motion to Dismiss)
Daryl Eugene Jenkins, a Virginia state prisoner proceeding pro se, brings this petition pursuant to 28 U.S.C. § 2254 ("§ 2254 Petition," ECF No. 1) challenging his convictions for unlawful wounding and destruction of property in the Circuit Court for the City of Virginia Beach, Virginia.
Rule 2 of the Rules Governing Section 2254 Cases requires that petitions pursuant to 28 U.S.C. § 2254 "be signed under penalty of perjury by the petitioner or by a person authorized to sign it for the petitioner under 28 U.S.C. § 2242." Rules Governing § 2254 Cases in U.S. District Courts, Rule 2(c)(5). Respondent moved to dismiss the § 2254 Petition on the ground that Jenkins had failed to sign § 2254 Petition. Jenkins made no effort to correct this deficiency. Accordingly, the Motion to Dismiss (ECF No. 8) will be granted and the action will be dismissed without prejudice. A certificate of appealability will be denied.
An appropriate Order will accompany this Memorandum Opinion.
/s/_________
HENRY E. HUDSON
SENIOR UNITED STATES DISTRICT JUDGE Date: October 29, 2020
Richmond, Virginia