Eugene Morley v. Harold Clarke
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999906180-2] Originating case number: 2:15-cv-00134-MSD-LRL Copies to all parties and the district court/agency. . Mailed to: Eugene Morley. [16-6861]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
EUGENE ELLIOTT MORLEY,
Petitioner - Appellant,
HAROLD W. CLARKE, Director of the Virginia Department of
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Mark S. Davis, District
December 20, 2016
January 13, 2017
Before MOTZ, AGEE, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Eugene Elliott Morley, Appellant Pro Se. David Michael Uberman,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia,
Unpublished opinions are not binding precedent in this circuit.
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Eugene Elliott Morley seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
denying relief on his 28 U.S.C. § 2254 (2012) petition.
order is not appealable unless a circuit justice or judge issues
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).
When the district court denies
(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.
We have independently reviewed the record and conclude that
Morley has not made the requisite showing.
Accordingly, we deny
a certificate of appealability, deny leave to proceed in forma
argument because the facts and legal contentions are adequately
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presented in the materials before this court and argument would
not aid the decisional process.
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