Clayburn v. Clarke, No. 3:2018cv00555 - Document 9 (E.D. Va. 2018)

Court Description: MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 10/25/2018. (Copy mailed to Plaintiff) (smej, )

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Clayburn v. Clarke Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division MARICHEL PIERCE CLAYBURN, Petitioner, V. Civil Action No.3;18CV555 HAROLD W.CLARKE, Respondent. MEMORANDUM OPINION Petitioner, a Virginia state prisoner proceeding pro se, submitted a 28 U.S.C. ยง 2254 petition. By Memorandum Order entered on September 21,2018,the Court directed Petitioner, within eleven (11)days ofthe date of entry thereof, to pay the $5.00 filing fee or explain any special circumstances that would warrant excusing payment of the filing fee. The Court warned Petitioner it would dismiss the action if Petitioner did not pay the filing fee or explain any special circumstances that would warrant excusing payment of the filing fee. More than eleven (11) days have elapsed since the entry of the September 21, 2018 Memorandum Order and Petitioner has not responded. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. A certificate of appealability will be DENIED. An appropriate Order shall accompany this Memorandum Opinion. s/ M. Hanni\jfOuckV United States District Judge Date: OCT 2 5 2018 Richmond, Virginia Dockets.Justia.com

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