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    Akil Bey v. Commonwealth of Virginia, 4th Cir. (2014)

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    The United States Court of Appeals for the Fourth Circuit vacated and remanded a district court order that had dismissed Akil Rashidi Bey's 28 U.S.C. § 2254 habeas corpus petition without prejudice. The district court had ordered Bey to amend his petition and either pay fees or apply to proceed in forma pauperis, but its order was sent to an incorrect address and returned undeliverable. The appeals court concluded that Bey should be given a chance to comply with the order and pursue his claims, since the district court's addressing error prevented Bey from further developing his case. The appeals court granted Bey in forma pauperis status, vacated the dismissal order, and remanded the case

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    Akil Bey v. Commonwealth of Virginia, 4th Cir. (2014)

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    The United States Court of Appeals for the Fourth Circuit vacated and remanded a district court order that had dismissed Akil Rashidi Bey's 28 U.S.C. § 2254 habeas corpus petition without prejudice. The district court had ordered Bey to amend his petition and either pay fees or apply to proceed in forma pauperis, but its order was sent to an incorrect address and returned undeliverable. The appeals court concluded that Bey should be given a chance to comply with the order and pursue his claims, since the district court's addressing error prevented Bey from further developing his case. The appeals court granted Bey in forma pauperis status, vacated the dismissal order, and remanded the case

    Original Description:

    Filed: 2014-04-29 Precedential Status: Non-Precedential Docket: 13-7759

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    The United States Court of Appeals for the Fourth Circuit vacated and remanded a district court order that had dismissed Akil Rashidi Bey's 28 U.S.C. § 2254 habeas corpus petition without prejudice. The district court had ordered Bey to amend his petition and either pay fees or apply to proceed in forma pauperis, but its order was sent to an incorrect address and returned undeliverable. The appeals court concluded that Bey should be given a chance to comply with the order and pursue his claims, since the district court's addressing error prevented Bey from further developing his case. The appeals court granted Bey in forma pauperis status, vacated the dismissal order, and remanded the case

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    Akil Bey v. Commonwealth of Virginia, 4th Cir. (2014)

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    The United States Court of Appeals for the Fourth Circuit vacated and remanded a district court order that had dismissed Akil Rashidi Bey's 28 U.S.C. § 2254 habeas corpus petition without prejudice. The district court had ordered Bey to amend his petition and either pay fees or apply to proceed in forma pauperis, but its order was sent to an incorrect address and returned undeliverable. The appeals court concluded that Bey should be given a chance to comply with the order and pursue his claims, since the district court's addressing error prevented Bey from further developing his case. The appeals court granted Bey in forma pauperis status, vacated the dismissal order, and remanded the case

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-7759

    AKIL RASHIDI BEY, ex rel. Aikido Graves,


    Petitioner - Appellant,
    v.
    COMMONWEALTH OF VIRGINIA;
    DETENTION CENTER,

    PRINCE

    WILLIAM-MANASSAS

    ADULT

    Respondents - Appellees.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.
    T. S. Ellis, III, Senior
    District Judge. (1:13-cv-01001-TSE-TCB)

    Submitted:

    April 8, 2014

    Decided:

    April 29, 2014

    Before NIEMEYER, WYNN, and FLOYD, Circuit Judges.

    Vacated and remanded by unpublished per curiam opinion.

    Akil Rashidi Bey, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Akil Rashidi Bey seeks to appeal the district courts
    October

    9,

    2013,

    order

    dismissing

    U.S.C. 2254 (2012) petition.

    without

    prejudice

    his

    28

    See Fed. R. Civ. P. 41(b).

    After reviewing Beys handwritten petition, the district court


    issued an order on September 26, 2013, directing Bey to submit
    an amended petition and either pay the filing fee or apply to
    proceed in forma pauperis.

    The order also warned Bey of the

    consequences of failing to comply with the courts order.


    Ballard v. Carlson, 882 F.2d 93, 95-96 (1989).

    See

    When that order

    was returned as undeliverable, the district court concluded that


    Bey failed to notify it of a change of address, failed to comply
    with its September 26 order, and dismissed the action without
    prejudice.
    We

    have

    reviewed

    the

    record

    and

    conclude

    that

    the

    courts September 26 order was mailed to an incorrect address,


    the origins of which are not known.
    that

    Bey

    should

    be

    given

    an

    We conclude, therefore,

    opportunity

    to

    comply

    with

    the

    courts order and pursue in a 2254 proceeding those claims


    that, but for the district courts addressing error, could have
    been further developed before the district court.

    Accordingly,

    we grant Bey leave to proceed in forma pauperis, vacate the


    October 9 dismissal order, and remand the action for further

    proceedings.

    We dispense with oral argument because the facts

    and legal contentions are adequately presented in the materials


    before

    this

    court

    and

    argument

    would

    not

    aid

    the

    decisional

    process.

    VACATED AND REMANDED

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