Summary
In Doane v. Johnson, No. 11-6675 (4th Cir. Nov. 18, 2011) (unpublished), we denied a certificate of appealability and dismissed DeAnthony Doane's appeal of the district court's order denying relief on his 28 U.S.C. § 2254 (2006) petition.
Summary of this case from Doane v. JohnsonOpinion
No. 11-6675
11-18-2011
DEANTHONY DOANE, Petitioner - Appellant, v. GENE JOHNSON, Director of Virginia Department of Corrections, Respondent - Appellee.
DeAnthony Doane, Appellant Pro Se. Susan Mozley Harris, Assistant Attorney General, Richmond, Virginia, for Appellee.
UNPUBLISHED
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (1:09-cv-01154-GBL-JFA)
Before GREGORY, SHEDD, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
DeAnthony Doane, Appellant Pro Se. Susan Mozley Harris, Assistant Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
DeAnthony Doane seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2254 (2006) 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) (2006). 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) (2006). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court's assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). 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. Slack, 529 U.S. at 484-85. We have independently reviewed the record and conclude that Doane has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We deny the motions for appointment of counsel and for an evidentiary hearing and dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
DISMISSED