Walter Jenkins v. David Zook

U.S. Court of Appeals for the Fourth Circuit

Walter Jenkins v. David Zook

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18-6840

WALTER DOUGLAS JENKINS,

Petitioner - Appellant,

v.

DAVID ZOOK, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:18-cv-00761-CMH-IDD)

Submitted: November 19, 2018 Decided: November 30, 2018

Before DUNCAN and FLOYD, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Walter Douglas Jenkins, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Walter Douglas Jenkins seeks to appeal the district court’s order dismissing his

28 U.S.C. § 2254

(2012) petition as successive and unauthorized. The order is not

appealable unless a circuit justice or judge issues a certificate of appealability.

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

(2000); see Miller-El v. Cockrell,

537 U.S. 322, 336-38

(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

.

We have independently reviewed the record and conclude that Jenkins has not

made the requisite showing. Accordingly, we deny a certificate of appealability, deny

leave to proceed in forma pauperis, deny Jenkins’ motion for appointment of counsel, 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

2

Reference

Status
Unpublished