Bonnell Boyd v. James Beale
Filing
UNPUBLISHED PER CURIAM OPINION filed.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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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
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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
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contentions
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are
adequately
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presented
in
the
materials
before
this court and argument would not aid the decisional process.
DISMISSED
3
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