Dartagnan Simmons v. Harold W. Clark

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999667210-2] Originating case number: 2:14-cv-00309-MSD-LRL. Copies to all parties and the district court/agency. [999705829]. Mailed to: D. Simmons. [15-7361]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7361

DARTAGNAN SHALIL SIMMONS,
Petitioner – Appellant,
v.
HAROLD
W.
Corrections,

CLARK,

Director

Virginia

Department

of

Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Mark S. Davis, District
Judge. (2:14-cv-00309-MSD-LRL)

Submitted:

November 19, 2015

Decided:

November 24, 2015

Before NIEMEYER, KING, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Dartagnan Shalil Simmons, Appellant Pro Se. Steven Andrew
Witmer, Senior Assistant Attorney General, Richmond, Virginia,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Dartagnan
court’s
judge

order
and

petition.
or

judge

Shalil

accepting

denying

the

relief

seeks

to

appeal

recommendation

on

his

28

of

the
the

U.S.C.

§

district
magistrate

2254

(2012)

The order is not appealable unless a circuit justice
issues

a

certificate

§ 2253(c)(1)(A) (2012).
issue

Simmons

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
Simmons 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