Ward v. Pearson

Filing 3

MEMORANDUM OPINION. See Opinion for details. Signed by District Judge John A. Gibney, Jr., on 04/14/2015. (ccol, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

JULIUS LEE WARD,
Petitioner,

V.

Civil Action No. 3:15CV15

EDDIE LEE PEARSON,

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 February 27,
2015, 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