Steven Cumberbatch, Jr. v. Harold White

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UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999114641-2] Originating case number: 7:12-cv-00256-SGW-RSB Copies to all parties and the district court/agency. [999204270]. Mailed to: Steven Cumberbatch. [13-6677]

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Appeal: 13-6677 Doc: 14 Filed: 09/30/2013 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6677 STEVEN CUMBERBATCH, JR., Petitioner - Appellant, v. HAROLD W. Corrections, WHITE, Director, Virginia Department of Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, District Judge. (7:12-cv-00256-SGW-RSB) Submitted: September 26, 2013 Decided: September 30, 2013 Before SHEDD, DUNCAN, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Steven Cumberbatch, Jr., Appellant Pro Se. Alice Theresa Armstrong, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 13-6677 Doc: 14 Filed: 09/30/2013 Pg: 2 of 3 PER CURIAM: Steven Cumberbatch, Jr., seeks to appeal the district court’s order petition. or judge denying relief his 28 U.S.C. § 2254 (2006) The order is not appealable unless a circuit justice issues a certificate § 2253(c)(1)(A) (2006). issue on absent “a of appealability. 28 U.S.C. A certificate of appealability will not substantial constitutional right.” 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 Cumberbatch has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed dispense in with forma pauperis, oral argument and dismiss because 2 the the appeal. facts and We legal Appeal: 13-6677 Doc: 14 contentions are Filed: 09/30/2013 adequately Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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