William Jasper v. Martin Kumer
Filing
UNPUBLISHED PER CURIAM OPINION filed. Certificate of appealability denied.; Motion to proceed in forma pauperis denied (FRAP 24). [999968613-2] Originating case number: 7:16-cv-00427-GEC-RSB. Copies to all parties and the district court. [1000016499]. Mailed to: William Antoine Jasper. [16-7475]
Appeal: 16-7475
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7475
WILLIAM ANTOINE JASPER,
Petitioner - Appellant,
v.
MARTIN KUMER, ACRJS Superintendent, Lt. Colonel,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke.
Glen E. Conrad, Chief
District Judge. (7:16-cv-00427-GEC-RSB)
Submitted:
January 31, 2017
Decided:
February 3, 2017
Before WILKINSON, KEENAN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
William Antoine Jasper, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
William Antoine Jasper seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2254 (2012) petition,
and
its
subsequent
orders are
issues
not
a
order
appealable
certificate
§ 2253(c)(1)(A) (2012).
issue
absent
denying
“a
unless
of
a
motion
circuit
to
amend.
justice
appealability.
The
or
28
judge
U.S.C.
A certificate of appealability will not
substantial
constitutional right.”
his
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
Jasper 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
3
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