James Alexander Moore v. Eddie L. Pearson
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999989730-2]; denying Motion certificate of appealability (Local Rule 22(a)) [999951816-2] Originating case number: 1:14-cv-00483-CMH-MSN Copies to all parties and the district court/agency. . Mailed to: James Alexander Moore SUSSEX II STATE PRISON 24427 Musselwhite Drive Waverly, VA 23891-2222. [16-7440]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
JAMES ALEXANDER MOORE,
Petitioner - Appellant,
EDDIE L. PEARSON, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Claude M. Hilton, Senior
District Judge. (1:14-cv-00483-CMH-MSN)
March 14, 2017
March 16, 2017
Before FLOYD and HARRIS, Circuit Judges, and DAVIS, Senior Circuit
Dismissed by unpublished per curiam opinion.
James Alexander Moore, 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Unpublished opinions are not binding precedent in this circuit.
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James Alexander Moore seeks to appeal the district court’s
order 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.
28 U.S.C. § 2253(c)(1)(A) (2012).
A certificate of appealability will not issue absent “a substantial
showing of the denial of a constitutional right.”
§ 2253(c)(2) (2012).
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.
McDaniel, 529 U.S. 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 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
Moore has not made the requisite showing.
Accordingly, we deny
Moore’s motion for a certificate of appealability, deny leave to
proceed in forma pauperis, and dismiss the appeal.
with oral argument because the facts and legal contentions are
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argument would not aid the decisional process.
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