Steven Pendergrass v. Barksdale
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:14-cv-00358-LMB-TCB Copies to all parties and the district court/agency. [999538727]. Mailed to: Steven Pendergrass. [14-7346]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7346
STEVEN P. PENDERGRASS,
Petitioner - Appellant,
v.
BARKSDALE, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Leonie M. Brinkema,
District Judge. (1:14-cv-00358-LMB-TCB)
Submitted:
February 25, 2015
Decided:
March 3, 2015
Before NIEMEYER, KING, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Steven P. Pendergrass, Appellant Pro Se.
Eugene Paul Murphy,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Steven P. Pendergrass seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2254 (2012) petition.
The order is not appealable unless a circuit justice or judge
issues
a
certificate
§ 2253(c)(1)(A) (2012).
issue
absent
“a
of
appealability.
28
U.S.C.
A certificate of appealability will not
substantial
constitutional right.”
See
showing
of
the
denial
28 U.S.C. § 2253(c)(2) (2012).
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
Pendergrass has not made the requisite showing.
Accordingly, we
deny a certificate of appealability and dismiss the appeal.
dispense
with
oral
argument
because
2
the
facts
and
We
legal
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contentions
are
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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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