Kevin Key v. Gene Johnson
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:09-cv-00600-RBS-TEM. Copies to all parties and the district court/agency. [998471193] [10-7063]
Kevin Key v. Gene Johnson
Doc. 0
Case: 10-7063 Document: 8
Date Filed: 11/23/2010
Page: 1
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7063 KEVIN ALLEN KEY, Petitioner - Appellant, v. GENE JOHNSON, Director of the Virginia Dept. of Corrections, Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, District Judge. (2:09-cv-00600-RBS-TEM) Submitted: October 7, 2010 Decided: November 23, 2010
Before NIEMEYER, MOTZ, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Kevin Allen Key, Appellant Pro Se. Craig Stallard, Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit.
Dockets.Justia.com
Case: 10-7063 Document: 8
Date Filed: 11/23/2010
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PER CURIAM: Kevin Allen Key seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C.
§ 2253(c)(1) (2006). issue absent "a
A certificate of appealability will not showing of the denial of a
substantial
constitutional right."
28 U.S.C. § 2253(c)(2) (2006).
When the
district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would
find that the district court's assessment of the constitutional claims is debatable or wrong. 484 (2000); see Miller-El v. Slack v. McDaniel, 529 U.S. 473, Cockrell, 537 U.S. 322, 336-38
(2003).
When the district court denies relief on procedural
grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. 529 U.S. at 484-85. and conclude that Slack,
We have independently reviewed the record Key has not made the requisite showing.
Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
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Case: 10-7063 Document: 8
Date Filed: 11/23/2010
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before
the
court
and
argument
would
not
aid
the
decisional
process. DISMISSED
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