Ricardo Garcia v. Leslie Fleming , 586 F. App'x 121 ( 2014 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 14-7043
    RICARDO FELIX GARCIA,
    Petitioner - Appellant,
    v.
    LESLIE FLEMING, Warden,
    Respondent - Appellee.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond.     John A. Gibney, Jr.,
    District Judge. (3:13-cv-00680-JAG)
    Submitted:   November 20, 2014            Decided:   December 2, 2014
    Before WILKINSON, NIEMEYER, and DUNCAN, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Ricardo Felix Garcia, Appellant Pro Se.   Susan            Elizabeth
    Baumgartner, OFFICE OF THE ATTORNEY GENERAL OF             VIRGINIA,
    Richmond, Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Ricardo      Felix    Garcia       seeks   to        appeal    the    district
    court’s    order     denying       relief   on    his    
    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 Garcia has not made the requisite showing.                            Accordingly, we
    deny Garcia’s motion for 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
    2
    contentions   are   adequately   presented   in   the   materials   before
    this court and argument would not aid the decisional process.
    DISMISSED
    3
    

Document Info

Docket Number: 14-7043

Citation Numbers: 586 F. App'x 121

Judges: Wilkinson, Niemeyer, Duncan

Filed Date: 12/2/2014

Precedential Status: Non-Precedential

Modified Date: 11/6/2024