Gregston Marshall v. Larry Edmond

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999739875-2]; granting Motion to amend/correct [999758760-2]; denying Motion to proceed in forma pauperis (FRAP 24) [999746793-2], denying Motion to proceed in forma pauperis (FRAP 24) [999759086-2] Originating case number: 1:15-cv-00269-TSE-JFA. Copies to all parties and the district court/agency. [999779250]. Mailed to: Gregston Marshall. [16-6069]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6069

GREGSTON MARSHALL,
Petitioner - Appellant,
v.
LARRY EDMONDS, Warden,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
T.S. Ellis, III, Senior
District Judge. (1:15-cv-00269-TSE-JFA)

Submitted:

March 17, 2016

Decided:

March 22, 2016

Before WILKINSON, NIEMEYER, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Gregston Marshall, Appellant Pro Se. Katherine Quinlan Adelfio,
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Unpublished opinions are not binding precedent in this circuit.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:
Gregston

Marshall

seeks

to

appeal

the

district

court’s

order denying relief on his 28 U.S.C. § 2254 (2012) petition.
The order is not appealable unless a circuit justice or judge
issues

a

certificate

§ 2253(c)(1)(A) (2012).
issue

absent

“a

of

appealability.

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

28

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
Marshall has not made the requisite showing.

Accordingly, we

deny Marshall’s motion for a certificate of appealability, grant
Marshall’s motion to amend his application for leave to proceed
in forma pauperis, deny leave to proceed in forma pauperis, and
dismiss the appeal.

We dispense with oral argument because the
2

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facts

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and

materials

legal
before

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contentions

are

adequately

this

and

argument

court

presented

would

not

in

the

aid

the

decisional process.
DISMISSED

3