Legesse v. Clarke

Filing 6

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 12/23/2015. Copy mailed to Petitioner. (walk, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

WBENGDA ESHTU LEGESSE,
Petitioner,
V.

Civil Action No. 3:15CV654

HAROLD W. CLARKE,

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 November 13,
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 in formapauperis 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

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.

/s/

71

Jdm A, Gibney, JpiO

Date:

Richmond, Virginia

Unitod States District ^udge