Filed: Apr. 01, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7849 WILLIAM F. BRECKENRIDGE, Petitioner – Appellant, v. COMMONWEALTH OF VIRGINIA; MICHAEL HALLAHAN, Defense Counsel, Respondents - Appellees. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (7:13-cv-00441-JCT-RSB) Submitted: March 27, 2014 Decided: April 1, 2014 Before MOTZ, Circuit Judge, and HAMILTON and DAVIS, Senior Circuit Judges. Dis
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7849 WILLIAM F. BRECKENRIDGE, Petitioner – Appellant, v. COMMONWEALTH OF VIRGINIA; MICHAEL HALLAHAN, Defense Counsel, Respondents - Appellees. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (7:13-cv-00441-JCT-RSB) Submitted: March 27, 2014 Decided: April 1, 2014 Before MOTZ, Circuit Judge, and HAMILTON and DAVIS, Senior Circuit Judges. Dism..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7849
WILLIAM F. BRECKENRIDGE,
Petitioner – Appellant,
v.
COMMONWEALTH OF VIRGINIA; MICHAEL HALLAHAN, Defense
Counsel,
Respondents - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, Senior
District Judge. (7:13-cv-00441-JCT-RSB)
Submitted: March 27, 2014 Decided: April 1, 2014
Before MOTZ, Circuit Judge, and HAMILTON and DAVIS, Senior
Circuit Judges.
Dismissed by unpublished per curiam opinion.
William F. Breckenridge, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
William F. Breckenridge 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 Breckenridge has not made the requisite showing.
Accordingly, we deny 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