Aaron Doxie, III v. Jeffrey Dillman

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999917971-2] Originating case number: 2:16-cv-00402-AWA-LRL Copies to all parties and the district court/agency. [999952216]. Mailed to: Aaron Doxie III AUGUSTA CORRECTIONAL CENTER 1821 Estaline Valley Road Craigsville, VA 24430-0000. [16-7036]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7036

AARON DOXIE, III, a/k/a Aharon Azaryah Nearyah Hakahan,
Petitioner - Appellant,
v.
JEFFREY N. DILLMAN, Warden; HAROLD
Virginia Department of Corrections,

CLARKE,

Director,

Respondents - Appellees.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Arenda L. Wright Allen,
District Judge. (2:16-cv-00402-AWA-LRL)

Submitted:

October 18, 2016

Decided:

October 21, 2016

Before WILKINSON, KING, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Aaron Doxie, III, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Aaron
order

Doxie,

dismissing

petition.

III,
as

seeks

to

successive

appeal
his

the

28

district

U.S.C.

§ 2254

(2012)

The order is not appealable unless a circuit justice

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

court’s

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
Doxie has not made the requisite showing.

Accordingly, we deny

a certificate of appealability, deny leave to proceed in forma
pauperis,

and

dismiss

the

appeal.

We

dispense

with

oral

argument because the facts and legal contentions are adequately

2

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presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED

3