Justin H. Belnavis v. Harold Clarke
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:15-cv-00399-JAG-RCY Copies to all parties and the district court/agency. . Mailed to: Justin H. Belnavis. [16-7295]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
JUSTIN H. BELNAVIS,
Petitioner - Appellant,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
John A. Gibney, Jr.,
District Judge. (3:15-cv-00399-JAG-RCY)
February 17, 2017
February 28, 2017
Dismissed by unpublished per curiam opinion.
Justin H. Belnavis, Appellant Pro Se. Rosemary Virginia Bourne,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia,
Unpublished opinions are not binding precedent in this circuit.
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Justin H. Belnavis seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
denying relief on his 28 U.S.C. § 2254 (2012) petition.
order is not appealable unless a circuit justice or judge issues
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
(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.
We have independently reviewed the record and conclude that
Belnavis has not made the requisite showing.
deny a certificate of appealability and dismiss the appeal.
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this court and argument would not aid the decisional process.
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