Kevin Key v. Gene Johnson

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UNPUBLISHED PER CURIAM OPINION filed.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]

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Kevin Key v. Gene Johnson Doc. 0 Case: 10-7063 Document: 8 Date Filed: 11/23/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7063 KEVIN ALLEN KEY, Petitioner - Appellant, v. GENE JOHNSON, Director of the Virginia Dept.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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 Page: 2 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 2 Case: 10-7063 Document: 8 Date Filed: 11/23/2010 Page: 3 before the court and argument would not aid the decisional process. DISMISSED 3

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