Joe Fulgham v. Jack Barber
UNPUBLISHED PER CURIAM OPINION filed. Motion denied in opinion--denying Motion for other relief for release [1000024215-2], denying Motion for oral presentation [1000024214-2] Originating case number: 2:16-cv-00001-AWA-DEM Copies to all parties and the district court/agency. . Mailed to: Joe Fulgham. [16-7687]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
JOE LEE FULGHAM,
Petitioner – Appellant,
JACK BARBER, M.D., Interim Commissioner of the Virginia
Department of Behavioral Health and Development Services,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Arenda L. Wright Allen,
District Judge. (2:16-cv-00001-AWA-DEM)
February 16, 2017
Before GREGORY, Chief Judge,
HAMILTON, Senior Circuit Judge.
February 22, 2017
Dismissed by unpublished per curiam opinion.
Joe Lee Fulgham, Appellant Pro Se. Susan Mozley Harris,
Assistant Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Joe Lee Fulgham seeks to appeal the district court’s order
accepting the recommendation of the magistrate judge and denying
relief on his 28 U.S.C. § 2254 (2012) 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
Fulgham has not made the requisite showing.
deny a certificate of appealability and dismiss the appeal.
deny Fulgham’s motions for release and for oral presentation.
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this court and argument would not aid the decisional process.
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