Darnell Cleaton v. Harold Clarke
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999962975-2]. A certificate of appealability is denied. Originating case number: 1:15-cv-00443-LO-IDD. Copies to all parties and the district court/agency [1000030991]. Mailed to: Darnell M. Cleaton. [16-7296]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7296
DARNELL M. CLEATON,
Petitioner - Appellant,
v.
HAROLD CLARKE, Director; B. W. BOOKER, Warden of Green Rock,
Respondents - Appellees,
and
UNKNOWN,
Respondent.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Liam O’Grady, District
Judge. (1:15-cv-00443-LO-IDD)
Submitted:
February 23, 2017
Decided:
February 27, 2017
Before SHEDD and DIAZ, Circuit Judges, and DAVIS, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Darnell M. Cleaton, Appellant Pro Se.
Senior Assistant Attorney General,
Appellees.
Virginia Bidwell Theisen,
Richmond, Virginia, for
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Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Darnell M. Cleaton seeks to appeal the district court’s
order
dismissing
petition.
or
judge
as
his
28
U.S.C.
§ 2254
(2012)
The order is not appealable unless a circuit justice
issues
a
certificate
§ 2253(c)(1)(A) (2012).
issue
untimely
absent
“a
appealability.
28
U.S.C.
A certificate of appealability will not
substantial
constitutional right.”
of
showing
of
the
denial
28 U.S.C. § 2253(c)(2) (2012).
of
a
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
Cockrell,
(2000);
(2003).
see
Miller-El
v.
537
U.S.
322,
336-38
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
Cleaton has not made the requisite showing.
Accordingly, we
deny a certificate of appealability, deny leave to proceed in
forma pauperis, and dismiss the appeal.
We dispense with oral
argument because the facts and legal contentions are adequately
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presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED
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