Jeffrey Pleasant v. Harold Clarke


UNPUBLISHED PER CURIAM OPINION filed.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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Appeal: 15-7258 Doc: 11 Filed: 02/05/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7258 JEFFREY A. PLEASANT, Petitioner - Appellant, v. HAROLD W. CLARKE, Director, Respondent -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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. Appeal: 15-7258 Doc: 11 Filed: 02/05/2016 Pg: 2 of 3 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 Appeal: 15-7258 Doc: 11 Filed: 02/05/2016 assertions in this case. appealability, deny dismiss the appeal. facts and materials legal before leave Pg: 3 of 3 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

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