Filed: Mar. 26, 2020
Latest Update: Mar. 26, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7441 MCRAE DEMETRICE RIDDICK, Petitioner - Appellant, v. JIM O’SULLIVAN, Sheriff, Respondent - Appellee, and UNKNOWN; CHESAPEAKE CITY JAIL, Respondents. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T.S. Ellis, III, Senior District Judge. (1:19-cv-00094-TSE-TCB) Submitted: March 16, 2020 Decided: March 26, 2020 Before WILKINSON and QUATTLEBAUM, Circuit Judges, and TRAXLER,
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7441 MCRAE DEMETRICE RIDDICK, Petitioner - Appellant, v. JIM O’SULLIVAN, Sheriff, Respondent - Appellee, and UNKNOWN; CHESAPEAKE CITY JAIL, Respondents. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T.S. Ellis, III, Senior District Judge. (1:19-cv-00094-TSE-TCB) Submitted: March 16, 2020 Decided: March 26, 2020 Before WILKINSON and QUATTLEBAUM, Circuit Judges, and TRAXLER, ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-7441
MCRAE DEMETRICE RIDDICK,
Petitioner - Appellant,
v.
JIM O’SULLIVAN, Sheriff,
Respondent - Appellee,
and
UNKNOWN; CHESAPEAKE CITY JAIL,
Respondents.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. T.S. Ellis, III, Senior District Judge. (1:19-cv-00094-TSE-TCB)
Submitted: March 16, 2020 Decided: March 26, 2020
Before WILKINSON and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
McRae Demetrice Riddick, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
McRae Demetrice Riddick seeks to appeal the district court’s order dismissing his
28 U.S.C. § 2254 (2018) petition without prejudice for failure to exhaust state remedies.
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) (2018). 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) (2018). When the district court denies relief on the merits, a prisoner satisfies
this standard by demonstrating that reasonable jurists would find the district court’s
assessment of the constitutional claims debatable or wrong. See Buck v. Davis,
137 S. Ct.
759, 773-74 (2017). 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. Gonzalez v.
Thaler,
565 U.S. 134, 140-41 (2012) (citing Slack v. McDaniel,
529 U.S. 473, 484 (2000)).
We have independently reviewed the record and conclude that Riddick 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
2