Jason Freeman v. Bryan Watson
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 7:12-cv-00168-GEC-RSB Copies to all parties and the district court/agency. [999143920]. Mailed to: Jason Freeman. [13-6275]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6275
JASON THOMAS FREEMAN,
Petitioner – Appellant,
v.
BRYAN B. WATSON, Warden of Nottoway Correctional Center,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke.
Glen E. Conrad, Chief
District Judge. (7:12-cv-00168-GEC-RSB)
Submitted:
June 12, 2013
Decided:
July 5, 2013
Before KING, WYNN, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jason Thomas Freeman, Appellant Pro Se. Gregory William
Franklin, Victoria Lee Johnson, OFFICE OF THE ATTORNEY GENERAL
OF VIRGINIA, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Jason
court’s
order
petition.
Thomas
denying
Freeman
relief
seeks
on
to
his
28
appeal
U.S.C.
district
§ 2254
(2006)
The order is not appealable unless a circuit justice
or judge issues a certificate of appealability.
§ 2253(c)(1)(A) (2006).
issue
the
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.
Slack,
529 U.S. at 484-85.
We have independently reviewed the record and conclude
that Freeman has not made the requisite showing.
Accordingly,
we deny a certificate of appealability and dismiss the appeal.
We
dispense
with
oral
argument
2
because
the
facts
and
legal
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contentions
are
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adequately
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presented
in
the
materials
before
this court and argument would not aid the decisional process.
DISMISSED
3
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