Pittman v. Kelly, No. 1:2009cv00675 - Document 9 (E.D. Va. 2009)

Court Description: MEMORANDUM OPINION AND ORDER. ORDERED that petitioner's Motion to Lift Stay and For Leave to Show Cause (Docket #7) be and is DENIED; that the instant petition for a writ of habeas corpus (Docket #1) be and is DISMISSED WITH PREJUDICE as time-ba rred; that petitioner's request to proceed in forma pauperis (Docket #2) be and is DENIED AS MOOT. To appeal, petitioner must file a written notice of appeal with the Clerk's Office within 30 days of the date of this Order. Petitioner need not explain the grounds for appeal until so directed by the court. Petitioner must also request a certificate of appealability from a circuit justice or judge. For the reasons stated above, this Court expressly declines to issue such a certificate. Signed by District Judge James C. Cacheris on 9/3/09. (tche)