Jason Pulley v. Director, Virginia DOC
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999357062-2]; denying for certificate of appealability Originating case number: 1:13-cv-01465-AJT-TRJ Copies to all parties and the district court/agency. [999446698]. Mailed to: Pulley. [14-6656]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6656
JASON ALEXANDER PULLEY,
Petitioner - Appellant,
v.
DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Anthony J. Trenga,
District Judge. (1:13-cv-01465-AJT-TRJ)
Submitted:
September 25, 2014
Decided:
October 1, 2014
Before GREGORY, DUNCAN, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jason Alexander Pulley, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Jason Alexander Pulley seeks to appeal the district
court’s orders denying relief on his 28 U.S.C. § 2254 (2012)
petition
and
appealable
denying
unless
a
reconsideration.
The
circuit
or
certificate of appealability.
A
certificate
of
justice
orders
judge
are
issues
not
a
28 U.S.C. § 2253(c)(1)(A) (2012).
appealability
will
not
issue
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 Pulley has not made the requisite showing.
Accordingly, we
deny a certificate of appealability, deny leave to proceed in
forma pauperis, and dismiss the appeal.
We dispense with oral
argument because the facts and legal contentions are 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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