Howard Garnett v. Harold Clarke

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to amend/correct [999749466-2] Originating case number: 7:14-cv-00452-GEC-RSB Copies to all parties and the district court/agency. [999785636]. Mailed to: Howard Garnett. [15-7516]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7516

HOWARD Z. GARNETT,
Petitioner - Appellant,
v.
HAROLD W. CLARKE, Director, Department of Corrections,
Respondent - Appellee.

Appeal from the United States District Court for the Western
District of Virginia, at Roanoke.
Glen E. Conrad, Chief
District Judge. (7:14-cv-00452-GEC-RSB)

Submitted:

March 29, 2016

Decided:

March 31, 2016

Before GREGORY and DUNCAN, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Howard Z. Garnett, Appellant Pro Se.
Alice Theresa Armstrong,
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Unpublished opinions are not binding precedent in this circuit.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:
Howard

Z.

Garnett

seeks

to

appeal

the

district

court’s

orders denying relief on his 28 U.S.C. § 2254 (2012) petition
and denying Garnett’s Fed. R. Civ. P. 59(e) motion to alter or
amend that judgment.

The orders are not appealable unless a

circuit justice or judge issues a certificate of appealability.
See

28

U.S.C.

§ 2253(c)(1)(A)

(2012).

A

certificate

of

appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
(2012).

28 U.S.C. § 2253(c)(2)

When the district court denies relief on the merits, a

prisoner

satisfies

this

jurists

would

reasonable

standard
find

by

that

demonstrating

the

district

that

court’s

assessment of the constitutional claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v.
Cockrell, 537 U.S. 322, 336-38 (2003).
denies

relief

demonstrate

both

on

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

ruling

must
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
Garnett has not made the requisite showing.

Accordingly, we

deny a certificate of appealability, deny Garnett’s motion to
amend his informal brief to include a newly obtained affidavit,
and dismiss the appeal.

We dispense with oral argument because
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the facts and legal contentions are adequately presented in the
materials

before

this

court

and

argument

would

not

aid

the

decisional process.

DISMISSED

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