Johnny Ray Chapman v. C. Allen


UNPUBLISHED PER CURIAM OPINION filed.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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Appeal: 17-6016 Doc: 13 Filed: 04/04/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-6016 JOHNNY RAY CHAPMAN, Petitioner - Appellant, v. C. ALLEN, Respondent - Appellee.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 Dismissed by unpublished per curiam opinion.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 Virginia Bidwell Theisen, Richmond, Virginia, for Unpublished opinions are not binding precedent in this circuit. Appeal: 17-6016 Doc: 13 Filed: 04/04/2017 Pg: 2 of 3 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). 2 Appeal: 17-6016 Doc: 13 Filed: 04/04/2017 Pg: 3 of 3 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 3

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