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McDonald v. Clarke

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jul 27, 2018
No. 17-7108 (4th Cir. Jul. 27, 2018)

Opinion

No. 17-7108

07-27-2018

JASON W. MCDONALD, Petitioner - Appellant, v. HAROLD W. CLARKE, Director, Virginia Department of Corrections, Respondent - Appellee.

Jason W. McDonald, Appellant Pro Se.


UNPUBLISHED

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:16-cv-00448-JLK-RSB) Before TRAXLER, WYNN, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Jason W. McDonald, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Jason W. McDonald seeks to appeal the district court's order granting Respondent's motion to dismiss and dismissing McDonald's 28 U.S.C. § 2254 (2012) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (2012). 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) (2012). 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 McDonald 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

McDonald v. Clarke

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jul 27, 2018
No. 17-7108 (4th Cir. Jul. 27, 2018)
Case details for

McDonald v. Clarke

Case Details

Full title:JASON W. MCDONALD, Petitioner - Appellant, v. HAROLD W. CLARKE, Director…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Jul 27, 2018

Citations

No. 17-7108 (4th Cir. Jul. 27, 2018)