Derek Curtis v. Commonwealth of Virginia , 500 F. App'x 228 ( 2012 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 12-7511
    DEREK CURTIS,
    Petitioner - Appellant,
    v.
    COMMONWEALTH OF VIRGINIA; CITY OF PETERSBURG,
    Respondents - Appellees.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.    Claude M. Hilton, Senior
    District Judge. (1:12-cv-00580-CMH-TCB)
    Submitted:   December 13, 2012            Decided:   December 18, 2012
    Before MOTZ, WYNN, and FLOYD, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Derek Curtis, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Derek        Curtis   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 Curtis has not made the requisite showing.                        Accordingly, we
    deny Curtis’ 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: 12-7511

Citation Numbers: 500 F. App'x 228

Judges: Floyd, Motz, Per Curiam, Wynn

Filed Date: 12/18/2012

Precedential Status: Non-Precedential

Modified Date: 11/6/2024