Kenneth Newkirk v. Director, Dept. of Corrections

U.S. Court of Appeals for the Fourth Circuit
Kenneth Newkirk v. Director, Dept. of Corrections, 704 F. App'x 258 (4th Cir. 2017)

Kenneth Newkirk v. Director, Dept. of Corrections

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Aaron M. Burns seeks to appeal the district court’s orders denying relief on his 28 U.S.C. § 2254 (2012) petition. The orders are not appealable unless a circuit justice or judge issues a certifícate of ap-pealability. 28 U.S.C. § 2253(c)(1)(A) (2012). A certifícate 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 Burns has not made the requisite showing. Accordingly, we deny leave to proceed in forma pauper-is, deny a certificate of appealability, and dismiss the appeal. We deny as moot Burns’ motion to reconsider the order deferring action on his application for leave to proceed in forma pauperis. 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
Aaron M. BURNS, Petitioner-Appellant, v. Harold CLARK, Department of Corrections, Respondent-Appellee
Status
Unpublished