Patrick Jeffers v. C. Allen

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for temporary administrative stay [999960978-2]; denying Motion to appoint counsel [999960975-2]; denying Motion to proceed in forma pauperis (FRAP 24) [999804860-2], denying certificate of appealability. Originating case number: 1:15-cv-00808-AJT-IDD. Copies to all parties and the district court/agency. [999984605]. Mailed to: Patrick Jeffers. [16-6510]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6510

PATRICK TIMOTHY JEFFERS,
Petitioner - Appellant,
v.
C. ALLEN, Warden of Haynesville C.C.,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Anthony J. Trenga,
District Judge. (1:15-cv-00808-AJT-IDD)

Submitted:

November 21, 2016

Decided:

December 12, 2016

Before WILKINSON, DIAZ, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Patrick Timothy Jeffers, Appellant Pro Se.
Craig Stallard,
Assistant Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Patrick
court’s

Timothy

order

petition.

Jeffers

denying

relief

seeks
on

to

appeal

28

U.S.C.

his

district

§ 2254

(2012)

The order is not appealable unless a circuit justice

or judge issues a certificate of appealability.
§ 2253(c)(1)(A) (2012).
issue

the

absent

“a

A certificate of appealability will not

substantial

constitutional right.”

See 28 U.S.C.

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
Jeffers has not made the requisite showing.
deny

Jeffers’

motion

to

appoint

counsel

Accordingly, we

and

motion

for

a

temporary stay, deny a certificate of appealability, deny leave
to

proceed

dispense

in

with

forma

pauperis,

oral

argument

and

dismiss

because
2

the

the

appeal.

facts

and

We
legal

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contentions

are

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adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3