Curtis Hardy v. Jennifer Saad
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:15-cv-00086-GMG-JES Copies to all parties and the district court/agency. . Mailed to: Curtis Hardy. [17-6327]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
CURTIS J. HARDY,
Petitioner - Appellant,
Respondent - Appellee,
Appeal from the United States District Court for the Northern District of West Virginia,
at Martinsburg. Gina M. Groh, Chief District Judge. (3:15-cv-00086-GMG-JES)
Submitted: October 17, 2017
Decided: October 19, 2017
Before FLOYD and HARRIS, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Curtis J. Hardy, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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Curtis J. Hardy, a federal inmate, seeks to appeal the district court’s order
accepting the recommendation of the magistrate judge, treating his 28 U.S.C. § 2241
(2012) petition as a 28 U.S.C. § 2255 (2012) motion, and dismissing the motion for lack
of jurisdiction. The order is not appealable unless a circuit justice or judge issues a
certificate of appealability.
28 U.S.C. § 2253(c)(1)(B) (2012).
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 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 (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
motion states a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at
We have independently reviewed the record and conclude that Hardy has not made
the requisite showing. Accordingly, we deny a certificate of appealability 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
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