Baber v. Ray et al, No. 3:2019cv00491 - Document 4 (E.D. Va. 2019)

Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 8/28/2019. Copy to Petitioner as directed. (jsmi, )

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Baber v. Ray et al Doc. 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division MATTHEW LEE BABER, Petitioner, V. TRACY RAY, et al., Respondents. ) ) ) ) ) ) ) ) ) Civil Action No. 3:19CV491-HEH MEMORANDUM OPINION (Dismissing 28 U.S.C § 2254 Petition Without Prejudice) Petitioner, proceeding prose, submitted a petition or a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By Memorandum Order entered on August 5, 2019, the Court directed Petitioner to complete and retun, within iteen days of he date of entry hereof, an afidavit in support of his request to proceed informa pauperis or pay the $5.00 iling ee. More than iteen ( 15) days have passed and Petitioner has not retuned the required informa pauperis afidavit. Petitioner also has ailed to pay he assessed fee or adequately explain any special circumstances warranting excuse rom payment. Accordingly, the§ 2254 petition will be dismissed without prejudice. A certiicate of appealability will be denied. An appropriate order will accompany this Memorandum Opinion. Date: Qus,2- 20li Richmond, Virginia Isl HENRY E. HUDSON SENIOR UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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