William Anderson, II v. Director of VDOC

U.S. Court of Appeals for the Fourth Circuit
William Anderson, II v. Director of VDOC, 584 F. App'x 161 (4th Cir. 2014)

William Anderson, II v. Director of VDOC

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

William Lee Anderson, II, 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 ap-pealability. 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, 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 Anderson has not made the requisite showing. Moreover, *162 Anderson’s informal brief fails to address the district court’s reasons for denying relief, so he has waived appellate review. 4th Cir. R. 84(b). Accordingly, we deny a certifícate of appealability, deny leave to proceed in forma pauperis, deny Anderson’s motion to amend, 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.

Reference

Full Case Name
William Lee ANDERSON, II, Petitioner-Appellant, v. DIRECTOR OF VDOC, Respondent-Appellee
Status
Unpublished