U.S. Court of Appeals for the Fourth Circuit, 2024

Toccara Puller v. Chadwick Dotson

Toccara Puller v. Chadwick Dotson
U.S. Court of Appeals for the Fourth Circuit · Decided June 3, 2024

Toccara Puller v. Chadwick Dotson

Opinion

USCA4 Appeal: 23-7139 Doc: 24 Filed: 06/03/2024 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-7139

TOCCARA YVONNE PULLER, Petitioner - Appellant, v. CHADWICK DOTSON, Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, Senior District Judge. (3:23-cv-00095-HEH-MRC)

Submitted: May 30, 2024 Decided: June 3, 2024

Before GREGORY and HARRIS, Circuit Judges, and MOTZ, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Toccara Yvonne Puller, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 23-7139 Doc: 24 Filed: 06/03/2024 Pg: 2 of 2

PER CURIAM: Toccara Yvonne Puller seeks to appeal the district court’s order denying relief on her 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 Puller has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We deny all Puller’s pending motions, including her motions for appointment of counsel, for jury trial, to present transcripts and other documents, and to grant a petition for writ of discharge and summary judgment. 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

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