De'Marion Wilson v. Harold Clarke

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999638557-2] Originating case number: 3:14-cv-00358-HEH-RCY Copies to all parties and the district court/agency. [999723136]. Mailed to: De'Marion Wilson. [15-7053]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7053

DE’MARION L. WILSON,
Petitioner - Appellant,
v.
HAROLD
W.
CLARKE,
Corrections,

Sir,

Director,

Virginia

Dept.

of

Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Henry E. Hudson, District
Judge. (3:14-cv-00358-HEH-RCY)

Submitted:

December 17, 2015

Decided:

December 22, 2015

Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

De’Marion Wilson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
De’Marion L. Wilson seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
dismissing

his

28

U.S.C.

§ 2254

unauthorized, successive petition.
unless

a

circuit

justice
See

certificate

appealability

petition

as

an

The order is not appealable

judge

appealability.
of

28

or

(2012)

U.S.C.

issues

a

certificate

§ 2253(c)(1)(A)
will

not

(2012).

issue

of
A

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

When the district court denies

prisoner

reasonable

assessment

wrong.

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
Wilson has not made the requisite showing.

Accordingly, we deny

a certificate of appealability, deny leave to proceed in forma
pauperis,

and

dismiss

the

appeal.
2

We

dispense

with

oral

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argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.

DISMISSED

3