Bell-Veney v. Searls

Full title: ELAN BELL-VENEY, Petitioner - Appellant, v. SHELBY SEARLS, Superintendent…

Court: United States Court of Appeals, Fourth Circuit

Date published: Oct 10, 2023

No. 22-7423 (4th Cir. Oct. 10, 2023)

Opinion

22-7423

10-10-2023

ELAN BELL-VENEY, Petitioner - Appellant, v. SHELBY SEARLS, Superintendent, Huttonsville Correctional Center, Respondent - Appellee.

Sherman Luis Lambert, Sr., Shepherdstown, West Virginia, for Appellant. Lindsay Sara See, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellee.

PER CURIAM

UNPUBLISHED

Submitted: October 4, 2023

Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. John Preston Bailey, District Judge. (5:22-cv-00232-JPB-JPM)

Sherman Luis Lambert, Sr., Shepherdstown, West Virginia, for Appellant.

Lindsay Sara See, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellee.

Before THACKER and HEYTENS, Circuit Judges, and MOTZ, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM

Elan Bell-Veney seeks to appeal the district court's order denying relief on his 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 Bell-Veney 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