Yusef Sykes v. Gene Johnson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:10-cv-00654-REP Copies to all parties and the district court/agency. [998794497]. Mailed to: Sykes. [11-7098]

Appeal: 11-7098

Document: 9

Date Filed: 02/23/2012

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-7098

YUSEF HASSAN SYKES,
Petitioner – Appellant,
v.
GENE M. JOHNSON, Director, Department of Corrections,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:10-cv-00654-REP)

Submitted:

February 13, 2012

Decided:

February 23, 2012

Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

David Bernard Hargett, HARGETT LAW, PLC, Glen Allen, Virginia,
for Appellant. Susan Mozley Harris, Assistant Attorney General,
Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-7098

Document: 9

Date Filed: 02/23/2012

Page: 2 of 3

PER CURIAM:
Yusef
court’s

order

petition.

Hassan
denying

Sykes
relief

seeks
on

to

appeal

the

28

U.S.C.

§ 2254

his

(2006)

The order is not appealable unless a circuit justice

or judge issues a certificate of appealability.
§ 2253(c)(1)(A) (2006).
issue

district

absent

“a

A certificate of appealability will not

substantial

constitutional right.”

See 28 U.S.C.

showing

of

the

denial

28 U.S.C. § 2253(c)(2) (2006).

of

a

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.

Slack v. McDaniel, 529 U.S. 473,

484

Cockrell,

(2000);

(2003).

see

Miller-El

v.

537

U.S.

322,

336-38

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
Sykes

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

Appeal: 11-7098

before

Document: 9

Date Filed: 02/23/2012

the

and

court

argument

would

Page: 3 of 3

not

aid

the

decisional

process.

DISMISSED

3