Jackson v. Unknown

Filing 5

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 2/14/2017. (sbea, )

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

Richmond Division

DEAN E. JACKSON,

Petitioner,
V.

Civil Action No. 3:16CV973

UNKNOWN.,

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 January 19,
2017, 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

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.

/sL

Date:

W r?

Richmond, Viifeinia

•johnA.Gibney,Jr. y J
United States District Jii^g