Smith v. Sheriff/Greensville Co.

Filing 9

MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 5/6/13. Copy sent: Yes(tdai, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

RALPH M. SMITH,

Petitioner,
v.

Civil Action No. 3:12CV696

SHERIFF/GREENSVILLE CO.,

Respondent.
MEMORANDUM OPINION

Petitioner,a Virginia state prisoner proceedingpro se, submitted a 28 U.S.C. § 2254
petition. By Memorandum Order entered on December 28,2012, the Court directed Petitioner,

within eleven (11) days of the date of entry thereof, to pay the $5.00 filing fee or explain any
special circumstances that would warrant excusing payment of the filing fee. The Court warned

Petitioner it would dismiss the action if Petitioner did not pay the filing fee or explain any special
circumstances that would warrant excusing payment of the filing fee. More than eleven (11)
days have elapsed since the entry of the December 28, 2012 Memorandum Order and Petitioner

has not responded. Accordingly, the action 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 juristscould
debate whether (or, for that matter, agree that) the petition should have been resolved in a

different manner or that the issues presented were 'adequateto deserve encouragement to
proceed further.'" Slackv. McDaniel, 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 accompany this Memorandum Opinion.

JsL

James R. Spencer

United States District Judge
Richmond, Virginia