Gena Beatty v. Angela Rawski

U.S. Court of Appeals for the Fourth Circuit
Gena Beatty v. Angela Rawski, 633 F. App'x 832 (4th Cir. 2016)
Davis, Harris, Per Curiam, Shedd

Gena Beatty v. Angela Rawski

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Gena Beatty seeks to appeal the district court’s order accepting the recommendation of the magistrate judge in part and denying relief on her 28 U.S.C. § 2254 (2012) petition. The order is not appeal-able unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (2012). A certificate of ap-pealability 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 Beatty has not made the requisite showing. Accordingly, we deny Beatty’s motion for appointment of counsel, deny a certificate of appealability, deny leave .to proceed in forma pauper-is, 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
Gena BEATTY, Petitioner-Appellant, v. Warden Angela RAWSKI, Respondent-Appellee
Status
Unpublished