Meyers v. Newton, No. 3:2013cv00546 - Document 4 (E.D. Va. 2013)
Court Description: MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 11/4/2013. (tjoh, )
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"""I IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division , j NOV 4 2013 CLL DAVID MEYERS, Petitioner, Civil Action No. 3:13CV546 JEFFERY L. NEWTON, Respondent. MEMORANDUM OPINION Petitioner, aVirginia state prisoner proceedingpro se, submitted a28 U.S.C. §2254 petition. By Memorandum Order entered on September 24, 2013, the Court directed Petitioner within eleven (11) days ofthe date ofentry thereof to show good cause why the present petition should not be dismissed without prejudice to Petitioner's litigation ofhis claims currently pending in Meyers v. Newton, No. 3:12CV857 (E.D. Va.). The Court warned Petitioner that the failure to comply with the Court's directive would result in summary dismissal ofthe action. More than eleven (11) days have elapsed since the entry ofthe September 24, 2013 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 ajudge issues acertificate ofappealability. 28 U.S.C. §2253(c)(1)(A). Acertificate ofappealability will not issue unless aprisoner makes "a substantial showing ofthe denial ofaconstitutional 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. McDaniel, 529 U.S. 473, 484 (2000) (quoting Barefoot v. Estelle,
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