McKenzie Hopkins v. Patricia Goins-Johnson

U.S. Court of Appeals for the Fourth Circuit
McKenzie Hopkins v. Patricia Goins-Johnson, 678 F. App'x 94 (4th Cir. 2017)
Hamilton, King, Per Curiam, Wynn

McKenzie Hopkins v. Patricia Goins-Johnson

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

McKenzie Hopkins 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 certifícate of appealability. See 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 Hopkins has not made the requisite showing. Accordingly, we deny Hopkins’ motion for a certificate of appealability and dismiss the appeal. We also deny Hopkins’ motion to assign counsel. We dispense with oral argumerit 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
McKenzie HOPKINS, Petitioner-Appellant, v. Patricia GOINS-JOHNSON, Warden, Patuxent Institution, Jessup, Maryland; Brian E. Frosh, Attorney General of the State of Maryland, Defendants-Appellees, and Maryland, Respondent
Cited By
1 case
Status
Unpublished