Hassan Harvey v. Commonwealth of Virginia
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [1000001333-2], denying certificate of appealability. Originating case number: 1:16-cv-01442-CMH-MSN Copies to all parties and the district court. . Mailed to: Hassan Harvey. [16-7753]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Petitioner - Appellant,
COMMONWEALTH OF VIRGINIA,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Claude M. Hilton, Senior
District Judge. (1:16-cv-01442-CMH-MSN)
March 14, 2017
Before FLOYD and
March 17, 2017
Dismissed by unpublished per curiam opinion.
Hassan Harvey, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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Hassan Harvey 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 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
Harvey has not made the requisite showing.
Accordingly, we deny
a certificate of appealability, deny leave to proceed in forma
argument because the facts and legal contentions are adequately
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presented in the materials before this court and argument would
not aid the decisional process.
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