Kenya Basil Parker v. Vermont Dept of Correction

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999102505-2] Originating case number: 1:13-cv-00335-LMB-JFA Copies to all parties and the district court/agency. [999156626]. Mailed to: Kenya Basil Parker. [13-6511]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6511

KENYA BASIL PARKER,
Petitioner - Appellant,
v.
VIRGINIA DEPARTMENT OF CORRECTIONS,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Leonie M. Brinkema,
District Judge. (1:13-cv-00335-LMB-JFA)

Submitted:

July 18, 2013

Decided:

July 23, 2013

Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kenya Basil Parker, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Kenya

Basil

Parker

seeks

to

appeal

the

district

court’s order denying as successive his 28 U.S.C. § 2254 (2006)
petition.

The order is not appealable unless a circuit justice

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

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 Parker has not made the requisite showing.

Accordingly, we

deny leave to proceed in forma pauperis, deny a certificate of
appealability, and dismiss the appeal.
argument

because

the

We dispense with oral

facts

2

and

legal

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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.

DISMISSED

3