Filed: Sep. 23, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6845 KARSTEN OBED ALLEN, Petitioner - Appellant, v. WARDEN KEEN MOUNTAIN CORRECTIONAL CENTER, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (1:13-cv-00726-JCC-TCB) Submitted: September 10, 2014 Decided: September 23, 2014 Before NIEMEYER, KING, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6845 KARSTEN OBED ALLEN, Petitioner - Appellant, v. WARDEN KEEN MOUNTAIN CORRECTIONAL CENTER, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (1:13-cv-00726-JCC-TCB) Submitted: September 10, 2014 Decided: September 23, 2014 Before NIEMEYER, KING, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam o..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6845
KARSTEN OBED ALLEN,
Petitioner - Appellant,
v.
WARDEN KEEN MOUNTAIN CORRECTIONAL CENTER,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (1:13-cv-00726-JCC-TCB)
Submitted: September 10, 2014 Decided: September 23, 2014
Before NIEMEYER, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Karsten Obed Allen, Appellant Pro Se. Virginia Bidwell Theisen,
Senior Assistant Attorney General, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Karsten Obed Allen 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. 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 Allen has not made the requisite showing. Accordingly, we
deny Allen’s motion for a certificate of appealability and
dismiss the appeal. We dispense with oral argument because the
facts and legal contentions are adequately presented in the
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materials before this court and argument would not aid the
decisional process.
DISMISSED
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