David Martinez v. Harold Clarke
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis [1000300793-2], certificate of appealability denied. Originating case number: 7:17-cv-00377-JPJ-RSB. Copies to all parties and the district court. [1000339447]. Mailed to: D. Martinez. [18-6503]
Appeal: 18-6503
Doc: 10
Filed: 07/31/2018
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-6503
DAVID MARTINEZ,
Petitioner - Appellant,
v.
HAROLD CLARKE, Director of the V.D.O.C.,
Respondent - Appellee.
Appeal from the United States District Court for the Western District of Virginia, at
Roanoke. James P. Jones, District Judge. (7:17-cv-00377-JPJ-RSB)
Submitted: July 26, 2018
Decided: July 31, 2018
Before GREGORY, Chief Judge, FLOYD, Circuit Judge, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
David Martinez, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 18-6503
Doc: 10
Filed: 07/31/2018
Pg: 2 of 2
PER CURIAM:
David Martinez 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.
28 U.S.C. § 2253(c)(1)(A) (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 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 Martinez has not
made the requisite showing. Accordingly, we deny a certificate of appealability, deny
leave to proceed in 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
2
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