Carney v. Commonwealth of Virginia

E.D. Virginia

Carney v. Commonwealth of Virginia

DecidedMarch 6, 2023

Docket3:23-cv-00027

StatusUnknown

This text of Carney v. Commonwealth of Virginia (Carney v. Commonwealth of Virginia) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Carney v. Commonwealth of Virginia, (E.D. Va. 2023).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CHARLIE RAY CARNEY, Petitioner, V. Civil Action No. 3:23CV27 COMMONWEALTH OF VIRGINIA, Respondent. MEMORANDUM OPINION Petitioner, a Virginia prisoner proceeding pro se, submitted a document complaining his criminal convictions. (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 January 31, 2023, 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 if he wished to file a petition for a writ of habeas corpus. The Court warned Petitioner that the failure to comply with the terms of the January 31, 2023, 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. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. A certificate of appealability WILL BE DENIED. An appropriate Order shall accompany this Memorandum Opinion Date: 9 Mr’ 2023 Richmond, Virginia John A. Gibney, Jr. ; } / Senior United State$ District Judge

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CHARLIE RAY CARNEY, Petitioner, V. Civil Action No. 3:23CV27 COMMONWEALTH OF VIRGINIA, Respondent. MEMORANDUM OPINION Petitioner, a Virginia prisoner proceeding pro se, submitted a document complaining his criminal convictions. (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 January 31, 2023, 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 if he wished to file a petition for a writ of habeas corpus. The Court warned Petitioner that the failure to comply with the terms of the January 31, 2023, 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. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. A certificate of appealability WILL BE DENIED. An appropriate Order shall accompany this Memorandum Opinion Date: 9 Mr’ 2023 Richmond, Virginia John A. Gibney, Jr. ; } / Senior United State$ District Judge

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Carney v. Commonwealth of Virginia, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carney-v-commonwealth-of-virginia-vaed-2023.

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