Deon Cobb v. Keen Mountain Correctional Ctr

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999937207-2]; denying Motion certificate of appealability (Local Rule 22(a)) [999921748-2]. Originating case number: 3:15-cv-00214-REP-RCY. Copies to all parties and the district court/agency [1000054265]. Mailed to: Deon Cobb. [16-7176]

Appeal: 16-7176

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Filed: 04/03/2017

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7176

DEON C. COBB,
Petitioner - Appellant,
v.
KEEN MOUNTAIN CORRECTIONAL CENTER VA DOC,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. Robert E. Payne, Senior District Judge. (3:15-cv-00214-REP-RCY)

Submitted: March 30, 2017

Decided: April 3, 2017

Before TRAXLER and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Deon Cobb, Appellant Pro Se. Susan Elizabeth Baumgartner, OFFICE OF THE
ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-7176

Doc: 12

Filed: 04/03/2017

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PER CURIAM:
Deon Cobb 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. See 28 U.S.C. § 2253(c)(1)(A) (2012). 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
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 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 Cobb has not made
the requisite showing. Accordingly, we deny leave to proceed in forma pauperis, deny
Cobb’s motion for a certificate of appealability, and dismiss the appeal. We dispense
with oral argument because the facts and legal contentions are adequately presented in
the materials before this court and argument would not aid the decisional process.

DISMISSED

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