Ziad K. Bechara v. Unknown

Summary

The United States District Court for the Eastern District of Virginia dismissed without prejudice a Virginia state prisoner’s 28 U.S.C. § 2254 petition after he failed to pay the filing fee or explain circumstances warranting excusal. The court also denied a certificate of appealability.

Holdings

1. A § 2254 action may be dismissed without prejudice when the petitioner fails to comply with an order requiring payment of the filing fee or an explanation of circumstances warranting excusal, after receiving a warning that noncompliance would result in dismissal.
2. A certificate of appealability will not issue because the petitioner did not make a substantial showing of the denial of a constitutional right.

Questions Presented

1. Whether the § 2254 petition should be dismissed without prejudice after petitioner failed to pay the filing fee or explain circumstances warranting excusal despite a court order and warning.
2. Whether petitioner was entitled to a certificate of appealability.

Disposition

dismissed