Arsean Hicks v. Harold Clarke
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:15-cv-00405-MHL. Copies to all parties and the district court/agency. .. [16-7501]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
ARSEAN LAMONE HICKS,
Petitioner - Appellant,
HAROLD W. CLARKE,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
M. Hannah Lauck, District
March 24, 2017
March 30, 2017
Before WILKINSON and WYNN, Circuit Judges, and DAVIS, Senior
Dismissed by unpublished per curiam opinion.
James F. Neale, MCGUIREWOODS, LLP, Charlottesville, Virginia,
for Appellant. Alice Theresa Armstrong, OFFICE OF THE ATTORNEY
GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Arsean Lamone Hicks seeks to appeal the district court’s
unauthorized second or successive § 2254 petition.
certificate of appealability.
The order is
28 U.S.C. § 2253(c)(1)(A) (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
ruling is debatable, and that the petition states a debatable
claim of the denial of a constitutional right.
Slack, 529 U.S.
We have independently reviewed the record and conclude that
Hicks has not made the requisite showing.
Accordingly, we deny
a certificate of appealability and dismiss the appeal.
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We dispense with oral argument because the facts and legal
this court and argument would not aid the decisional process.
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