Darnell Cleaton v. Harold Clarke
UNPUBLISHED PER CURIAM OPINION filed.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 . Mailed to: Darnell M. Cleaton. [16-7296]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
DARNELL M. CLEATON,
Petitioner - Appellant,
HAROLD CLARKE, Director; B. W. BOOKER, Warden of Green Rock,
Respondents - Appellees,
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Liam O’Grady, District
February 23, 2017
February 27, 2017
Before SHEDD and DIAZ, Circuit Judges, and DAVIS, Senior Circuit
Dismissed by unpublished per curiam opinion.
Darnell M. Cleaton, Appellant Pro Se.
Senior Assistant Attorney General,
Virginia Bidwell Theisen,
Richmond, Virginia, for
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Unpublished opinions are not binding precedent in this circuit.
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Darnell M. Cleaton seeks to appeal the district court’s
The order is not appealable unless a circuit justice
§ 2253(c)(1)(A) (2012).
A certificate of appealability will not
28 U.S.C. § 2253(c)(2) (2012).
district court denies relief on the merits, a prisoner satisfies
find that the district court’s assessment of the constitutional
claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473,
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.
529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Cleaton has not made the requisite showing.
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.
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