Shyriq Parham v. L. Hardy, et al.

Summary

The United States District Court for the Eastern District of Virginia dismissed without prejudice a Virginia inmate's action after he failed to return a required form converting his emergency motion into a petition under 28 U.S.C. § 2254. The court also denied a certificate of appealability.

Holdings

1. The action was properly dismissed without prejudice under Federal Rule of Civil Procedure 41(b) because petitioner failed to comply with the court's order and did not respond within the prescribed twenty-day period.
2. A certificate of appealability was denied because petitioner failed to make a substantial showing of the denial of a constitutional right.

Questions Presented

1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) after petitioner failed to comply with the court's order requiring submission of a completed § 2254 petition form.
2. Whether petitioner was entitled to a certificate of appealability.

Disposition

dismissed