Opinion
No. 13-6898
07-18-2013
LEONARD LEVERNE VICTORY, Petitioner - Appellant, v. HAROLD W. CLARKE, Respondent - Appellee.
Leonard L. Victory, Appellant Pro Se.
UNPUBLISHED
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony John Trenga, District Judge. (1:13-cv-00572-AJT-IDD) Before SHEDD, DAVIS, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Leonard L. Victory, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Leonard Leverne Victory seeks to appeal the district court's order denying his 28 U.S.C. § 2254 (2006) petition as impermissibly successive. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 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 Victory has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, deny Victory's motion to appoint counsel, 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