Derek Curtis v. Jeffery Newton
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999317147-2] Originating case number: 1:12-cv-00827-CMH-TRJ. Copies to all parties and the district court/agency. [999420124]. Mailed to: Derek Curtis. [14-6136]
Appeal: 14-6136
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6136
DEREK DION CURTIS,
Petitioner - Appellant,
v.
JEFFERY L. NEWTON,
Respondent - Appellee,
and
CHESTERFIELD COUNTY, VIRGINIA,
Respondent.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Claude M. Hilton, Senior
District Judge. (1:12-cv-00827-CMH-TRJ)
Submitted:
June 23, 2014
Decided:
August 21, 2014
Before MOTZ, WYNN, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Derek Dion Curtis, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Derek
order
Curtis
denying
his
seeks
Fed.
to
R.
appeal
Civ.
the
P.
district
60(b)
court’s
motion
for
reconsideration of the district court’s order denying relief on
his
28
U.S.C.
appealable
§ 2254
unless
petition.
circuit
a
(2012)
justice
certificate of appealability.
Reid
v.
Angelone,
A certificate
of
369
The
or
order
judge
is
issues
not
a
28 U.S.C. § 2253(c)(1)(A) (2012);
F.3d
363,
appealability
369
will
(4th
not
Cir.
issue
2004).
absent
“a
substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
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 Curtis has not made the requisite showing.
Accordingly, we
deny a certificate of appealability, deny him leave to proceed
2
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in forma pauperis, and dismiss the appeal.
oral
argument
adequately
because
presented
in
the
the
facts
and
materials
legal
before
We dispense with
contentions
this
court
are
and
argument would not aid the decisional process.
DISMISSED
3
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