Eric McCarter v. Harold Clarke
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999991364-2] Originating case number: 3:16-cv-00022-JAG-DJN Copies to all parties and the district court/agency. . Mailed to: appellant. [16-7739]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
ERIC C. MCCARTER,
Petitioner - Appellant,
HAROLD W. CLARKE, Director of the Virginia Department of
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
John A. Gibney, Jr.,
District Judge. (3:16-cv-00022-JAG-DJN)
February 23, 2017
February 28, 2017
Before SHEDD and DIAZ, Circuit Judges, and DAVIS, Senior Circuit
Dismissed by unpublished per curiam opinion.
Eric C. McCarter, Appellant Pro Se.
Kathleen Beatty Martin,
Senior Assistant Attorney General, Michael Thomas Judge, OFFICE
OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
Unpublished opinions are not binding precedent in this circuit.
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Eric C. McCarter 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.
See 28 U.S.C. § 2253(c)(1)(A)
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
(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
McCarter has not made the requisite showing.
deny McCarter’s motion for a certificate of appealability and
dismiss the appeal.
We dispense with oral argument because the
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