Bonnell Boyd v. James Beale


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:16-cv-00030-JAG Copies to all parties and the district court/agency. [999997429]. Mailed to: B Boyd. [16-7128]

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Appeal: 16-7128 Doc: 9 Filed: 01/04/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7128 BONNELL BOYD, Petitioner – Appellant, v. JAMES BEALE, Warden Deerfield Correctional Center, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. John A. Gibney, Jr., District Judge. (3:16-cv-00030-JAG) Submitted: December 9, 2016 Before WYNN and Circuit Judge. FLOYD, Circuit Decided: Judges, and January 4, 2017 HAMILTON, Senior Dismissed by unpublished per curiam opinion. Jonathan P. Sheldon, SHELDON, FLOOD & HAYWOOD, P.L.C., Fairfax, Virginia; Thomas M. Wolf, LECLAIR RYAN, Richmond, Virginia, for Appellant. Laura Haeberle Cahill, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-7128 Doc: 9 Filed: 01/04/2017 Pg: 2 of 3 PER CURIAM: Bonnell Boyd 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 of appealability. (2012). See 28 U.S.C. § 2253(c)(1)(A) 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). relief on the merits, demonstrating district that court’s debatable or a prisoner reasonable assessment wrong. When the district court denies satisfies jurists would of the v. McDaniel, Slack this standard find constitutional 529 U.S. by that the claims is 473, 484 (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. at 484-85. We have independently reviewed the record and conclude that Boyd has not made the requisite showing. certificate dispense of with appealability oral argument and dismiss because 2 Accordingly, we deny a the the appeal. facts and We legal Appeal: 16-7128 Doc: 9 contentions Filed: 01/04/2017 are adequately Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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