Shortt v. Director, Virginia Department of Corrections , 692 F. App'x 135 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-6532
MILTON N. WILLIAMS,
Petitioner - Appellant,
v.
COMMONWEALTH OF VIRGINIA,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. Roderick Charles Young, Magistrate Judge. (3:15-cv-00690-RCY)
Submitted: June 20, 2017 Decided: June 23, 2017
Before SHEDD, WYNN, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Milton N. Williams, 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Unpublished opinions are not binding precedent in this circuit.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:
Milton N. Williams seeks to appeal the magistrate judge’s order denying relief on
Williams’ 28 U.S.C. § 2254 (2012) 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)
(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 Williams has not
made the requisite showing. Accordingly, we deny 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
∗
The parties consented to the jurisdiction of the magistrate judge pursuant to
28 U.S.C. § 636(c) (2012).
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