Chauncey A. Williams v. TRACY RAY, Warden

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-6382
CHAUNCEY A. WILLIAMS,
Petitioner - Appellant,
v.
TRACY RAY, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. T.S. Ellis, III, Senior District Judge. (1:18-cv-00047-TSE-TCB)
Submitted: September 25, 2018 Decided: October 12, 2018
Before WYNN and DIAZ, Circuit Judges, and SHEDD, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Chauncey A. Williams, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Chauncey A. Williams appeals from the district court’s order dismissing his 28
U.S.C. § 2254 (2012) petition without prejudice for failure to comply with a court order
directing him to file an amended, particularized petition and to pay the required filing fee
or file an in forma pauperis application.* We have reviewed the record and find no
reversible error. Accordingly, although we grant leave to proceed in forma pauperis, we
deny Williams’ motion for default judgment and affirm for the reasons stated by the
district court. Williams v. Ray, No. 1:18-cv-00047-TSE-TCB (E.D. Va. filed Mar. 13,
2018; entered Mar. 14, 2018). We deny a certificate of appealability as unnecessary. See
Harbison v. Bell, 556 U.S. 180 (2009). We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials before this court and
argument would not aid the decisional process.
AFFIRMED
* We conclude that the district court’s order is final and appealable because the
defect identified by the district court must be cured by something more than an
amendment to the allegations in the § 2254 petition. See Goode v. Cent. Va. Legal Aid
Soc’y, Inc., 807 F.3d 619, 623-24 (4th Cir. 2015).

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