Dennis Graves v. Commonwealth of VA Dept Corr

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999718799-2] Originating case number: 1:15-cv-01276-JCC-JFA Copies to all parties and the district court/agency. [999918712].. [15-7891]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7891

DENNIS RAY GRAVES,
Petitioner - Appellant,
v.
COMMONWEALTH OF VIRGINIA DEPARTMENT OF CORRECTIONS,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (1:15-cv-01276-JCC-JFA)

Submitted:

July 29, 2016

Decided:

August 29, 2016

Before MOTZ, SHEDD, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Dennis Ray Graves, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Dennis
order

Ray

Graves

dismissing

his

seeks

28

to

U.S.C.

appeal
§ 2254

the

district

(2012)

petition

court’s
as

an

unauthorized second or successive petition.

The order is not

appealable

unless

judge

certificate

of

(2012).

a

circuit

justice

appealability.

See

28

or

U.S.C.

issues

a

§ 2253(c)(1)(A)

A certificate of 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

prisoner

reasonable

assessment

wrong.

When the district court denies

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
Graves has not made the requisite showing. *

*

Accordingly, we deny

This appeal was placed in abeyance for In re Wright, ___
F.3d ___, No. 15-281, 2016 WL 3409851 (4th Cir. June 21, 2016)
(holding that a convicted state prisoner challenging the
(Continued)
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leave to proceed in forma pauperis on appeal, deny a certificate
of appealability, and dismiss the appeal.

We dispense with oral

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

execution of his sentence is required to apply for authorization
to file a second or successive habeas application).

3