Christopher Callaham v. Harold Clarke

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999993799-2]; denying Motion to proceed in forma pauperis (FRAP 24) [999994618-2]. Originating case number: 7:16-cv-00515-JPJ-RSB. Copies to all parties and the district court. [1000090042]. Mailed to: Christopher Callaham. [16-7658]

Appeal: 16-7658

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Filed: 05/30/2017

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7658

CHRISTOPHER LEE CALLAHAM,
Petitioner - Appellant,
v.
HAROLD CLARKE, Director,
Respondent - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at
Roanoke. James P. Jones, District Judge. (7:16-cv-00515-JPJ-RSB)

Submitted: May 25, 2017

Before MOTZ, THACKER, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Christopher Lee Callaham, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Decided: May 30, 2017

Appeal: 16-7658

Doc: 9

Filed: 05/30/2017

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PER CURIAM:
Christopher Lee Callaham seeks to appeal the district court’s order denying relief
on his 28 U.S.C. § 2254 (2012) petition. The 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.” 28 U.S.C. § 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. Slack v. 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 Callaham has not
made the requisite showing. Accordingly, we deny Callaham’s motion for 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
presented in the materials before this court and argument would not aid the decisional
process.
DISMISSED

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