Clyde Day, Jr. v. Harold Clarke

U.S. Court of Appeals for the Fourth Circuit
Clyde Day, Jr. v. Harold Clarke, 468 F. App'x 323 (4th Cir. 2012)

Clyde Day, Jr. v. Harold Clarke

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Igor Koob seeks to appeal the magistrate judge’s order denying relief on his 28 U.S.C. § 2254 (2006) petition. * The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(A) (2006). 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) (2006). 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, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (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, 120 S.Ct. 1595. We have independently reviewed the record and conclude that Koob has not made the requisite showing. Accordingly, we deny a certificate of ap-pealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately *324 presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.

*

The parties consented to the jurisdiction of the magistrate judge pursuant to 28 U.S.C. 5636(c) (2006).

Reference

Full Case Name
Igor KOOB, Petitioner—Appellant, v. Harold W. CLARKE, Director, Virginia Department of Corrections, Respondent—Appellee
Status
Unpublished