Dutton v. Unknown
MEMORANDUM OPINION. Signed by Chief Judge Michael F. Urbanski on 6/21/2019. (tvt)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROBERT ALLEN DUTTON,
Civil Action No. 7:19cv00301
By: Michael F. Urbanski
Chief United States District Judge
By order entered May 15, 2019, the court construed and conditionally filed Dutton’s
letter as a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254.
conditional filing order, the court ordered Dutton to complete a habeas petition form, submit
information concerning the timeliness of his petition, and either pay the filing fee, execute and
return a consent to withholding of fees form, or apply to proceed in forma pauperis. The court
advised Dutton that failure to comply with the court’s order within ten days would result in the
dismissal of his petition. Dutton did not respond to the court’s order.
Inasmuch as the time to respond has passed and Dutton has failed to comply with the
court’s order, the court will dismiss this action without prejudice. Further, based upon the
finding that Dutton has not made the requisite substantial showing of a denial of a constitutional
right as required by 28 U.S.C. § 2253(c) and Slack v. McDaniel, 529 U.S. 473, 484 (2000), the
court will deny a certificate of appealability. Dutton may re-file his claims in a separate action,
subject to the applicable statute of limitations.
ENTER: This _____ day of June, 2019.
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