Darris Newsome v. Harold Clarke
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999888326-2]; denying Motion certificate of appealability (Local Rule 22(a)) [999817873-2]. Originating case number: 1:15-cv-00449-LO-TCB. Copies to all parties and the district court. . Mailed to: Darris Newsome. [16-6646]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
DARRIS ALTONY NEWSOME,
Petitioner – Appellant,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Liam O’Grady, District
October 26, 2016
November 4, 2016
Before NIEMEYER and DUNCAN, Circuit Judges, and DAVIS, Senior
Dismissed by unpublished per curiam opinion.
Darris Altony Newsome, Appellant Pro Se. Kathleen Beatty Martin,
Senior Assistant Attorney General, Richmond, Virginia, for
Unpublished opinions are not binding precedent in this circuit.
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Darris Altony Newsome seeks to appeal the district court’s
The order is not appealable unless a circuit justice
§ 2253(c)(1)(A) (2012).
A certificate of appealability will not
28 U.S.C. § 2253(c)(2) (2012).
district court denies relief on the merits, a prisoner satisfies
find that the district court’s assessment of the constitutional
claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473,
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.
529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Newsome has not made the requisite showing.
deny Newsome’s motion for a certificate of appealability, deny
leave to proceed in forma pauperis, and dismiss the appeal.
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this court and argument would not aid the decisional process.
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