Justin Mason v. B. Booker
Justin Mason v. B. Booker
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 20-7164
JUSTIN VALENTINO MASON,
Petitioner - Appellant,
v.
B. BOOKER, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:19-cv-00864-REP-RCY)
Submitted: December 22, 2020 Decided: December 29, 2020
Before NIEMEYER, FLOYD, and RICHARDSON, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Justin Valentino Mason, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Justin Valentino Mason seeks to appeal the district court’s order denying relief on
his
28 U.S.C. § 2254petition. The order is not appealable unless a circuit justice or judge
issues a certificate of appealability. See
28 U.S.C. § 2253(c)(1)(A). 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). When the district court denies relief on the merits, a
prisoner satisfies this standard by demonstrating that reasonable jurists could find the
district court’s assessment of the constitutional claims debatable or wrong. See Buck v.
Davis,
137 S. Ct. 759, 773-74(2017). 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. Gonzalez v. Thaler,
565 U.S. 134, 140-41 (2012) (citing Slack v. McDaniel,
529 U.S. 473, 484(2000)).
Limiting our review of the record to the issues raised in Mason’s informal brief, we
conclude that Mason has not made the requisite showing. See 4th Cir. R. 34(b); see also
Jackson v. Lightsey,
775 F.3d 170, 177(4th Cir. 2014) (“The informal brief is an important
document; under Fourth Circuit rules, our review is limited to issues preserved in that
brief.”). Accordingly, we deny a certificate of appealability 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- Unpublished