John McBride v. Harold Clarke , 456 F. App'x 195 ( 2011 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 11-6784
    JOHN DAVID MCBRIDE,
    Petitioner – Appellant,
    v.
    HAROLD W. CLARKE,
    Respondent - Appellee.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond.   James R. Spencer, Chief
    District Judge. (3:11-cv-00179-JRS)
    Submitted:   November 28, 2011             Decided:   December 1, 2011
    Before WILKINSON, KING, and GREGORY, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    John David McBride, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    John   David       McBride     seeks      to    appeal       the    district
    court’s    order     denying      relief    on    his   
    28 U.S.C. § 2254
            (2006)
    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) (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 McBride has not made the requisite showing.
    Accordingly, we deny a certificate of appealability, deny leave
    to proceed in forma pauperis, deny McBride’s motions to expedite
    and for default and summary judgment, and dismiss the appeal.
    We    dispense     with    oral    argument       because     the    facts       and   legal
    2
    contentions are adequately presented in the materials before the
    court and argument would not aid the decisional process.
    DISMISSED
    3
    

Document Info

Docket Number: 11-6784

Citation Numbers: 456 F. App'x 195

Judges: Wilkinson, King, Gregory

Filed Date: 12/1/2011

Precedential Status: Non-Precedential

Modified Date: 11/5/2024