Kelly v. Copenhaven, No. 3:2013cv00318 - Document 12 (E.D. Va. 2013)
Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 8/13/13. Copy sent: Yes(tdai, )
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Kelly v. Copenhaven Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division LEROY J. KELLY, Petitioner, v. Civil Action No. 3:13cv318 WARDEN COPENHAVEN, Respondent. MEMORANDUM OPINION Leroy J. Kelly, a California state prisoner proceeding pro se, submitted a petition under 28 U.S.C. § 2254. In the United States District Court for the Eastern District of Virginia, all pro se petitions for writs of habeas corpora must be filed on a set of standardized forms. See E.D. Va. Loc. Civ. R. 83.4(A). Accordingly, by Memorandum Order entered July 2, 2013, Kelly was directed to submit his claims on the standardized forms and the Court mailed the standardized form for filing a § 2254 petition to Kelly. failure (ECF No. to dismissal 8, complete of the at SI 2.) and The Court warned Kelly that return action. the (Id.) form Kelly would in filed has result the standardized forms, however, Kelly has failed to comply with the Court's directives. In its (See ECF No. 11.) Memorandum Order, the Court "consideration of Petitioner's grounds explained for habeas that relief its shall be limited to the grounds and supporting facts concisely set Dockets.Justia.com forth on this Petitioner may standardized not form incorporate other (ECF No. 8 (emphasis added) SI 2.) supporting arguments on or the any attached documents by pages. reference." Kelly failed to set forth his standardized form and instead attempts to incorporate by reference his facts and supporting arguments in three prior submissions. the Court's directives standardized form, and the return action As Kelly failed to follow the will appropriately be completed dismissed without prejudice. An appeal may not be taken from the final order in a § 2254 proceeding unless a judge issues a certificate of appealability PCOA"). 28 U.S.C. § 2253(c)(1)(A). A COA will not issue unless a prisoner makes "a substantial showing of the denial of a constitutional requirement is debate whether right." satisfied (or, should have been issues presented 28 only were (quoting Barefoot v. when in a to Slack v. McDaniel, No law or evidence suggests 463 U.S. jurists manner deserve could the petition or that encouragement 529 U.S. 880, This 473, 484 the to (2000) 893 & n.4 (1983)). that Kelly is entitled to further consideration in this matter. will therefore be denied. 2253(c)(2). agree that) different ^adequate Estelle, § "reasonable for that matter, resolved proceed further.'" U.S.C. A certificate of appealability The Clerk is directed to send a copy of the Memorandum Opinion to Kelly. An appropriate Order shall issue. /a/ fctf Robert E. Payne Senior United States District Judge Richmond, Virginia : Q»pJi\wi Date:
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