Charles Bagby v. Larry Edmond

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for leave to file [999492119-2]; denying Motion to proceed in forma pauperis (FRAP 24) [999448923-2]; denying for certificate of appealability Originating case number: 3:13-cv-00470-JAG Copies to all parties and the district court/agency. [999514115]. Mailed to: Bagby. [14-7372]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-7372

CHARLES EDWARD BAGBY,
Petitioner - Appellant,
v.
LARRY T. EDMONDS, Warden, Buckingham Correctional Center;
PATRICK GURNEY, Acting Warden, Haynesville Correctional
Center,
Respondents - Appellees.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
John A. Gibney, Jr.,
District Judge. (3:13-cv-00470-JAG)

Submitted:

January 15, 2015

Decided:

January 21, 2015

Before WILKINSON and NIEMEYER, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Charles Edward Bagby, Appellant Pro Se.
Rosemary Virginia
Bourne, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond,
Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Charles
court’s

order

petition.
or

judge

Edward

denying

relief

seeks

on

to

his

28

appeal
U.S.C.

the

district

§ 2254

(2012)

The order is not appealable unless a circuit justice
issues

a

certificate

§ 2253(c)(1)(A) (2012).
issue

Bagby

absent

“a

appealability.

28

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

of

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 Bagby has not made the requisite showing.
deny

Bagby’s

motion

to

file

amended

Accordingly, we

pleadings,

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
2

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presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED

3