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Dominique Hobbs v. Harold Clarke, 15-7876 (2016)

Court: Court of Appeals for the Fourth Circuit Number: 15-7876 Visitors: 12
Filed: Apr. 26, 2016
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7876 DOMINIQUE JEROME HOBBS, Petitioner – Appellant, v. HAROLD W. CLARKE, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (1:15-cv-00559-GBL-JFA) Submitted: April 8, 2016 Decided: April 26, 2016 Before MOTZ, GREGORY, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Dominique Jerome Hobbs, Appella
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                             UNPUBLISHED

                    UNITED STATES COURT OF APPEALS
                        FOR THE FOURTH CIRCUIT


                             No. 15-7876


DOMINIQUE JEROME HOBBS,

                Petitioner – Appellant,

          v.

HAROLD W. CLARKE,

                Respondent - Appellee.



Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (1:15-cv-00559-GBL-JFA)


Submitted:   April 8, 2016                  Decided:   April 26, 2016


Before MOTZ, GREGORY, and FLOYD, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Dominique Jerome Hobbs, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

       Dominique Jerome Hobbs 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

Hobbs has not made the requisite showing.                      Accordingly, we deny

a certificate of appealability and dismiss the appeal.                           We deny

leave    to    proceed     in   forma    pauperis       and    dispense    with     oral

argument because the facts and legal contentions are adequately



                                             2
presented in the materials before this court and argument would

not aid the decisional process.



                                                      DISMISSED




                                  3

Source:  CourtListener

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