Walter Booker v. Harold Clarke
Filing
UNPUBLISHED PER CURIAM OPINION filed.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. [1000033291].. [16-7375]
Appeal: 16-7375
Doc: 12
Filed: 03/01/2017
Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7375
WALTER D. BOOKER,
Petitioner - Appellant,
v.
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)
Submitted:
February 24, 2017
Decided:
March 1, 2017
Before WILKINSON and AGEE, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.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,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 16-7375
Doc: 12
Filed: 03/01/2017
Pg: 2 of 3
PER CURIAM:
Walter D. Booker seeks to appeal the district court’s order
denying relief on his 28 U.S.C. § 2255 (2012) motion.
The order
is not appealable unless a circuit justice or judge issues a
certificate of appealability.
A
certificate
of
28 U.S.C. § 2253(c)(1)(B) (2012).
appealability
will
not
issue
absent
“a
substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
relief
on
the
demonstrating
district
merits,
that
court’s
debatable
or
a
When the district court denies
prisoner
reasonable
assessment
wrong.
Slack
satisfies
jurists
this
would
of
the
v.
McDaniel,
standard
find
U.S.
that
the
claims
constitutional
529
by
is
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
motion
states
claim of the denial of a constitutional right.
a
debatable
Slack, 529 U.S.
at 484-85.
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
pauperis,
and
dismiss
the
appeal.
We
dispense
with
oral
argument because the facts and legal contentions are adequately
2
Appeal: 16-7375
Doc: 12
Filed: 03/01/2017
Pg: 3 of 3
presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?