Blackwell v. Unknown, No. 3:2020cv00407 - Document 3 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by District Judge David J. Novak on 09/04/2020. Copy mailed to Petitioner.(tjoh, )
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Blackwell v. Unknown Doc. 3 Case 3:20-cv-00407-DJN-RCY Document 3 Filed 09/04/20 Page 1 of 2 PageID# 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division SEDRICK SIROUS BLACKWELL, Petitioner, V. Civil No. 3:20cv407(DJN) UNKNOWN, Respondent. MEMORANDUM OPINION The Court received a letter from Petitioner. Given the content of this letter, the Court deemed it appropriate to give Plaintiff the opportunity to pursue this action as a petition for a writ of habeas corpus under 28 U.S.C. § 2254. See Rivenbarkv. Virginia, 305 F. App'x 144, 145 (4th Cir. 2008). Accordingly, by Memorandum Order entered on June 24, 2020, the Court sent Petitioner the form for filing a 28 U.S.C. § 2254 petition. The Court informed Petitioner if he wished to proceed pursuant to 28 U.S.C. § 2254, he must complete the § 2254 Petition form and return the same to the Court within twenty(20)days ofthe date ofentry thereof. The Court warned Petitioner that the failure to return to the § 2254 Petition form within twenty(20)days of the date of entry thereof would result in the dismissal ofthe action. See Fed. R. Civ. P.41(b). More than twenty(20)days have elapsed since the entry ofthe June 24,2020 Memorandum Order and Petitioner has not responded. Accordingly,the action will be DISMISSED WITHOUT PREJUDICE. Dockets.Justia.com Case 3:20-cv-00407-DJN-RCY Document 3 Filed 09/04/20 Page 2 of 2 PageID# 11 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 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 will accompany this Memorandum Opinion. Let the Clerk file a copy ofthe Memorandum Opinion electronically and send a copy to Petitioner. /s/ David J. Novak United States District Judge Richmond, Virginia Dated: September 4.2020
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