Jerry Adams v. James Beal
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying motion for discovery [999949997-2] Originating case number: 7:15-cv-00594-MFU-RSB Copies to all parties and the district court/agency. . Mailed to: Jerry L. Adams. [16-7135]
Pg: 1 of 3
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
JERRY L. ADAMS,
Petitioner - Appellant,
JAMES V. BEAL,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Michael F. Urbanski, District
January 31, 2017
February 3, 2017
Before WILKINSON, KEENAN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jerry L. Adams, Appellant Pro Se. Robert H. Anderson, III, OFFICE
OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
Unpublished opinions are not binding precedent in this circuit.
Pg: 2 of 3
Jerry L. Adams seeks to appeal the district court’s order
denying relief on his 28 U.S.C. § 2254 (2012) petition.
is not appealable unless a circuit justice or judge issues a
A certificate of appealability will not issue absent “a
substantial showing of the denial of a constitutional right.”
U.S.C. § 2253(c)(2) (2012).
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 (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
Slack, 529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Adams has not made the requisite showing.
Accordingly, we deny
his motion for discovery, deny a certificate of appealability, and
dismiss the appeal.
We dispense with oral argument because the
Pg: 3 of 3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?