Jeffrey Pleasant v. Harold Clarke

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999660214-2] Originating case number: 3:14-cv-00783-REP-RCY Copies to all parties and the district court/agency. [999749966]. Mailed to: Jeffrey Pleasant. [15-7258]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7258

JEFFREY A. PLEASANT,
Petitioner - Appellant,
v.
HAROLD W. CLARKE, Director,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:14-cv-00783-REP-RCY)

Submitted:

January 19, 2016

Decided:

February 5, 2016

Before SHEDD, DUNCAN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jeffrey A. Pleasant, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jeffrey A. Pleasant seeks to appeal the district court’s
orders denying relief on his 28 U.S.C. § 2254 (2012) petition
and denying his motion for reconsideration.
appealable

unless

a

circuit

certificate of appealability.
A

certificate

of

justice

The orders are not

or

judge

issues

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

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
Pleasant has not made the requisite showing.
custody

pursuant

to

a

judgment

of

the

Pleasant is in

Circuit

Court

for

Chesterfield County, Virginia; he is not being detained pending
a City of Richmond charge dating back to 2000, contrary to his
2

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assertions in this case.
appealability,

deny

dismiss the appeal.
facts

and

materials

legal
before

leave

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Accordingly, we deny a certificate of
to

proceed

in

forma

pauperis,

and

We dispense with oral argument because the

contentions

are

adequately

this

and

argument

court

presented

would

not

in

the

aid

the

decisional process.
DISMISSED

3