Walter Booker v. Harold Clarke
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motions to proceed in forma pauperis (FRAP 24) [999996713-2], (FRAP 24) [999968746-2], updating certificate of appealability status Originating case number: 1:15-cv-00781-JCC-JFA Copies to all parties and the district court/agency. .. [16-7375]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
WALTER D. BOOKER,
Petitioner - Appellant,
HAROLD W. CLARKE, Director of the Department of Corrections;
COMMONWEALTH OF VIRGINIA,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (1:15-cv-00781-JCC-JFA)
February 24, 2017
March 1, 2017
Before WILKINSON and AGEE, Circuit Judges, and DAVIS, Senior
Dismissed by unpublished per curiam opinion.
Walter D. Booker, Appellant Pro Se.
Robert H. Anderson, III,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia,
Unpublished opinions are not binding precedent in this circuit.
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Walter D. Booker seeks to appeal the district court’s order
denying relief on his 28 U.S.C. § 2255 (2012) motion.
is not appealable unless a circuit justice or judge issues a
certificate of appealability.
28 U.S.C. § 2253(c)(1)(B) (2012).
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
claim of the denial of a constitutional right.
Slack, 529 U.S.
We have independently reviewed the record and conclude that
Booker has not made the requisite showing.
Accordingly, we deny
a certificate of appealability, deny leave to proceed in forma
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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