Opinion
Civil Action No. 3:19CV491-HEH
08-28-2019
MATTHEW LEE BABER, Petitioner, v. TRACY RAY, et al., Respondents.
MEMORANDUM OPINION
(Dismissing 28 U.S.C § 2254 Petition Without Prejudice)
Petitioner, proceeding pro se, submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By Memorandum Order entered on August 5, 2019, the Court directed Petitioner to complete and return, within fifteen days of the date of entry thereof, an affidavit in support of his request to proceed in forma pauperis or pay the $5.00 filing fee. More than fifteen (15) days have passed and Petitioner has not returned the required in forma pauperis affidavit. Petitioner also has failed to pay the assessed fee or adequately explain any special circumstances warranting excuse from payment. Accordingly, the § 2254 petition will be dismissed without prejudice.
A certificate of appealability will be denied.
An appropriate order will accompany this Memorandum Opinion.
/s/_________
HENRY E. HUDSON
SENIOR UNITED STATES DISTRICT JUDGE Date: August 28, 2019
Richmond, Virginia