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Benton v. Clarke

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Sep 29, 2020
No. 20-6654 (4th Cir. Sep. 29, 2020)

Opinion

No. 20-6654

09-29-2020

RONALD BENTON, JR., Petitioner - Appellant, v. HAROLD CLARKE, Director for Depart. of Corrections, Defendant - Appellee.

Ronald Benton, Jr., Appellant Pro Se.


UNPUBLISHED

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:20-cv-00338-CMH-MSN) Before HARRIS and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Ronald Benton, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Ronald Benton, Jr., seeks to appeal the district court's order denying without prejudice his unauthorized and successive 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, 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)).

We have independently reviewed the record and conclude that Benton has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, 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


Summaries of

Benton v. Clarke

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Sep 29, 2020
No. 20-6654 (4th Cir. Sep. 29, 2020)
Case details for

Benton v. Clarke

Case Details

Full title:RONALD BENTON, JR., Petitioner - Appellant, v. HAROLD CLARKE, Director for…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Sep 29, 2020

Citations

No. 20-6654 (4th Cir. Sep. 29, 2020)