Opinion
Civil Action No. 3:20CV537-HEH
09-02-2020
RICHARD KENDRICK, Petitioner, v. UNKNOWN, Respondent.
MEMORANDUM OPINION
(Dismissing Civil Action Without Prejudice)
Petitioner, a Virginia prisoner proceeding pro se, submitted a letter. (ECF 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 July 28, 2020, 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 of the July 28, 2020 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 form or otherwise responded to the July 28, 2020 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/_________
Henry E. Hudson
Senior United States District Judge Date: September 2, 2020
Richmond, Virginia