Jackson v. Unknown, No. 3:2016cv00973 - Document 5 (E.D. Va. 2017)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 2/14/2017. (sbea, )
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Jackson v. Unknown Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division DEAN E. JACKSON, Petitioner, V. Civil Action No. 3:16CV973 UNKNOWN., Respondent. MEMORANDUM OPINION Petitioner, a Virginia state prisoner proceeding pro se, submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By Memorandum Order entered on January 19, 2017, the Court directed Petitioner to complete and return, within fifteen (15) days of the date of entry thereof, an affidavit in support of his request to proceed informa pauperis or pay the $5.00 filing fee. More than fifteen (15) days have passed and Petitioner has not returned the required informa pauperis affidavit. Petitioner has failed to pay the assessed fee or adequately explain any special circumstances warranting excuse from payment. Accordingly, the petition will be 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. 28 U.S.C. § 2253(c)(1)(A). A certificate of appealability will not issue unless a prisoner makes "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). This requirement is satisfied only when "reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were 'adequate to deserve encouragement to Dockets.Justia.com proceed further.'" Slack v. McDanieX, 529 U.S. 473, 484 (2000) {quoting Barefoot v. Estelle, 463 U.S. 880, 893 n.4 (1983)). No law or evidence suggests that Petitioner is entitled to further consideration in this matter. The Court will deny Petitioner a certificate of appealability. An appropriate Order shall issue. /sL Date: W r? Richmond, Viifeinia •johnA.Gibney,Jr. y J United States District Jii^g
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