Filed: Jun. 26, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6141 REGINALD HARDY, Petitioner – Appellant, v. HAROLD W. CLARKE, Director of Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:14-cv-00748-HEH-RCY) Submitted: June 15, 2015 Decided: June 26, 2015 Before SHEDD, FLOYD, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opi
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6141 REGINALD HARDY, Petitioner – Appellant, v. HAROLD W. CLARKE, Director of Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:14-cv-00748-HEH-RCY) Submitted: June 15, 2015 Decided: June 26, 2015 Before SHEDD, FLOYD, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opin..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6141
REGINALD HARDY,
Petitioner – Appellant,
v.
HAROLD W. CLARKE, Director of Virginia Department of
Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Henry E. Hudson, District
Judge. (3:14-cv-00748-HEH-RCY)
Submitted: June 15, 2015 Decided: June 26, 2015
Before SHEDD, FLOYD, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Reginald Hardy, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Reginald Hardy seeks to appeal the district court’s order
accepting the recommendation of the magistrate judge and 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
Hardy has not made the requisite showing. Accordingly, we deny
the motions for a certificate of appealability and appointment
of counsel, deny leave to proceed in forma pauperis, and dismiss
the appeal. We dispense with oral argument because the facts
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and legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional
process.
DISMISSED
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