Delmah Raphael Poindexter v. Harold W. Clarke
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999551459-2] Originating case number: 2:14-cv-00291-RAJ-TEM Copies to all parties and the district court/agency. [999612958]. Mailed to: Pondexter. [15-6204]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6204
DELMAH RAPHAEL POINDEXTER,
Petitioner - Appellant,
v.
HAROLD W. CLARKE, Director of the Virginia Department of
Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (2:14-cv-00291-RAJ-TEM)
Submitted:
June 26, 2015
Decided:
July 1, 2015
Before KING and WYNN, Circuit Judges, and DAVIS, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Delmah Raphael Poindexter, Appellant Pro Se.
Aaron Jennings
Campbell, 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Unpublished opinions are not binding precedent in this circuit.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:
Delmah
court’s
order
judge
and
petition.
or
Raphael
judge
Poindexter
accepting
denying
relief
to
appeal
recommendation
on
his
28
of
U.S.C.
the
the
§
district
magistrate
2254
(2012)
The order is not appealable unless a circuit justice
issues
a
certificate
§ 2253(c)(1)(A) (2012).
issue
the
seeks
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
Poindexter 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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