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Parker v. Dir. of the Va. Dep't of Corr.

United States Court of Appeals, Fourth Circuit
Feb 16, 2023
No. 21-7436 (4th Cir. Feb. 16, 2023)

Opinion

21-7436

02-16-2023

BRYANT MATTHEW PARKER, Petitioner - Appellant, v. DIRECTOR OF THE VIRGINIA DEPARTMENT OF CORRECTIONS; ATTORNEY GENERAL OF THE COMMONWEALTH OF VIRGINIA, Respondents - Appellees.

Bryant Matthew Parker, Appellant Pro Se.


UNPUBLISHED

Submitted: January 31, 2023

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony John Trenga, Senior District Judge. (1:20-cv-00807-AJT-MSN)

Bryant Matthew Parker, Appellant Pro Se.

Before WYNN, THACKER, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM

Bryant Matthew Parker seeks to appeal the district court's orders denying relief on his 28 U.S.C. § 2254 petition and denying reconsideration. The orders are 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, 115-16 (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 Parker has not made the requisite showing. Accordingly, we deny Parker's motions for 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


Summaries of

Parker v. Dir. of the Va. Dep't of Corr.

United States Court of Appeals, Fourth Circuit
Feb 16, 2023
No. 21-7436 (4th Cir. Feb. 16, 2023)
Case details for

Parker v. Dir. of the Va. Dep't of Corr.

Case Details

Full title:BRYANT MATTHEW PARKER, Petitioner - Appellant, v. DIRECTOR OF THE VIRGINIA…

Court:United States Court of Appeals, Fourth Circuit

Date published: Feb 16, 2023

Citations

No. 21-7436 (4th Cir. Feb. 16, 2023)