Johnny Ray Chapman v. C. Allen

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [1000025032-2] Originating case number: 3:15-cv-00783-RCY Copies to all parties and the district court/agency. [1000055311]. Mailed to: Johnny Ray Chapman GREENSVILLE CORRECTIONAL CENTER 901 Corrections Way Route 1, Box 205 Jarratt, VA 23870-9614. [17-6016]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 17-6016

JOHNNY RAY CHAPMAN,
Petitioner - Appellant,
v.
C. ALLEN,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Roderick C. Young,
Magistrate Judge. (3:15-cv-00783-RCY)

Submitted:

March 30, 2017

Decided:

April 4, 2017

Before TRAXLER and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Johnny Ray Chapman, Appellant Pro Se.
Senior Assistant Attorney General,
Appellee.

Virginia Bidwell Theisen,
Richmond, Virginia, for

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Johnny Ray Chapman seeks to appeal the magistrate judge’s
order *

dismissing

petition.
or

judge

as

his

28

U.S.C.

§ 2254

(2012)

The order is not appealable unless a circuit justice
issues

a

certificate

§ 2253(c)(1)(A) (2012).
issue

untimely

absent

“a

appealability.

28

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

of

showing

of

the

denial

28 U.S.C. § 2253(c)(2) (2012).

of

a

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

Cockrell,

(2000);

(2003).

see

Miller-El

v.

537

U.S.

322,

336-38

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
Chapman has not made the requisite showing.

Accordingly, we

deny a certificate of appealability, deny leave to proceed in

*

The parties consented to the jurisdiction of a federal
magistrate judge pursuant to 28 U.S.C. § 636(c) (2012).

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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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