Kissi v. Clement et al, No. 1:2008cv01135 - Document 4 (E.D. Va. 2009)

Court Description: MEMORANDUM OPINION AND ORDER. ORDERED that this petition for habeas corpus relief be and is DISMISSED WITH PREJUDICE pursuant to Rule 4 of the Rules Governing 2254; that petitioner's Motion for Leave 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 60 days of the date of this Order. Petitioner need not explain the grounds for appeal until so directed by the court. Petitioner mus t also request a certificate of appealability from a circuit justice or judge. See 28 U.S.C. 2253 and Fed. R. App. P. 22(b). For the reasons stated above, this Court expressly declines to issue such a certificate. Signed by District Judge Gerald Bruce Lee on 7/29/09. (tche)