Mason-El v. Hall

Filing 4

MEMORANDUM OPINION. Please Read OPINION for complete details. Signed by District Judge Henry E. Hudson on 05/09/2018. Copy mailed to Petition as directed. (ccol, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

p

Richmond Division

DARNELL MASON-EL,

L

MAY - 9 2018
ULtHK, U.a. DiSTfiiCT COURl
RICHMOND, VA

Petitioner,
Civil Action No. 3:18CV101-HEH

V.

E

TED HALL,

Respondent.
MEMORANDUM OPINION

(Dismissing 28 U.S.C § 2254 Petition Without Prejudice)

Petitioner, a Virginia state prisoner proceeding pro se, submitted a 28 U.S.C.
§ 2254 petition. By Memorandum Order entered on February 27, 2018, the Court
directed Petitioner, within fifteen(15)days of the date of entry thereof, to complete and

return an informa pauperis affidavit, or pay the $5.00 filing fee. More than fifteen(15)
days have elapsed since the entry of the February 27, 2018 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 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