Richard Patterson v. Chadwick Dotson

U.S. Court of Appeals for the Fourth Circuit

Richard Patterson v. Chadwick Dotson

Opinion

USCA4 Appeal: 24-6667 Doc: 13 Filed: 12/10/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-6667

RICHARD ALLEN PATTERSON,

Petitioner - Appellant,

v.

CHADWICK DOTSON, Director of the Virginia Department of Corrections,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Mark S. Davis, Chief District Judge. (2:23-cv-00606-MSD-DEM)

Submitted: December 5, 2024 Decided: December 10, 2024

Before GREGORY and RICHARDSON, Circuit Judges, and FLOYD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Richard Allen Patterson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-6667 Doc: 13 Filed: 12/10/2024 Pg: 2 of 2

PER CURIAM:

Richard Allen Patterson seeks to appeal the district court’s order accepting the

recommendation of the magistrate judge and denying relief on Patterson’s

28 U.S.C. § 2254

petition. 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,

580 U.S. 100

, 115-17 (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)).

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

made the requisite showing. 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Unpublished