Dante Broadway v. Director Dept of Correction

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999107738-2]; denying Motion certificate of appealability (Local Rule 22(a)) [999090448-2] Originating case number: 1:13-cv-00065-LO-TCB Copies to all parties and the district court/agency. [999206596]. Mailed to: Dante Broadway. [13-6612]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6612

DANTE MARCELLOUS BROADWAY,
Petitioner – Appellant,
v.
DIRECTOR OF THE DEPARTMENT OF CORRECTIONS,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Liam O’Grady, District
Judge. (1:13-cv-00065-LO-TCB)

Submitted:

September 13, 2013

Decided:

October 2, 2013

Before NIEMEYER, SHEDD, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Dante Marcellous Broadway, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Dante Marcellous Broadway seeks to appeal the district
court’s order dismissing without prejudice his 28 U.S.C. § 2254
(2006) petition for failure to either pay the filing fee or
return

an

in

appealable

forma

unless

pauperis
a

application.

circuit

certificate of appealability.
A

certificate

of

justice

The
or

order

judge

is

issues

not
a

28 U.S.C. § 2253(c)(1)(A) (2006).

appealability

will

not

issue

absent

“a

substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2006).
relief

on

the

demonstrating
district

merits,
that

court’s

debatable

or

a

prisoner

reasonable

assessment

wrong.

When the district court denies

Slack

satisfies

jurists

this

would

of

the

v.

McDaniel,

standard

find

constitutional
529

U.S.

by

that

the

claims

is

473,

484

(2000); see Miller-El v. 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.

Slack, 529 U.S.

at 484-85.
We have independently reviewed the record and conclude
that Broadway has not made the requisite showing.

Accordingly,

we deny Broadway’s motion for a certificate of appealability,
deny leave to proceed in forma pauperis, and dismiss the appeal.
2

Appeal: 13-6612

We

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dispense

contentions

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with
are

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oral

because

argument

adequately

presented

in

the

facts

and

the

materials

legal
before

this court and argument would not aid the decisional process.

DISMISSED

3