Eric McCarter v. Harold Clarke
Filing
UNPUBLISHED PER CURIAM OPINION filed.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. [1000032282]. Mailed to: appellant. [16-7739]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7739
ERIC C. MCCARTER,
Petitioner - Appellant,
v.
HAROLD W. CLARKE, Director of the Virginia Department of
Corrections,
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)
Submitted:
February 23, 2017
Decided:
February 28, 2017
Before SHEDD and DIAZ, Circuit Judges, and DAVIS, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.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
Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Eric C. McCarter 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.
(2012).
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).
relief
on
the
demonstrating
district
merits,
that
court’s
debatable
or
a
prisoner
reasonable
assessment
wrong.
When the district court denies
Slack
satisfies
jurists
this
would
of
the
v.
McDaniel,
standard
find
constitutional
529
U.S.
by
that
the
claims
is
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
McCarter has not made the requisite showing.
Accordingly, we
deny McCarter’s motion for a certificate of appealability and
dismiss the appeal.
facts
and
legal
We dispense with oral argument because the
contentions
are
2
adequately
presented
in
the
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materials
before
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this
court
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and
argument
would
not
aid
the
decisional process.
DISMISSED
3
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