Filed: Oct. 21, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6674 DEVINCHE JAVON ALBRITTON, Petitioner - Appellant, v. HAROLD CLARKE, Director of the Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Arenda L. Wright Allen, District Judge. (2:16-cv-00737-AWA-LRL) Submitted: October 17, 2019 Decided: October 21, 2019 Before MOTZ and QUATTLEBAUM, Circuit Judges, and HAMILTON, Senior
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6674 DEVINCHE JAVON ALBRITTON, Petitioner - Appellant, v. HAROLD CLARKE, Director of the Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Arenda L. Wright Allen, District Judge. (2:16-cv-00737-AWA-LRL) Submitted: October 17, 2019 Decided: October 21, 2019 Before MOTZ and QUATTLEBAUM, Circuit Judges, and HAMILTON, Senior C..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-6674
DEVINCHE JAVON ALBRITTON,
Petitioner - Appellant,
v.
HAROLD CLARKE, Director of the Virginia Department of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Arenda L. Wright Allen, District Judge. (2:16-cv-00737-AWA-LRL)
Submitted: October 17, 2019 Decided: October 21, 2019
Before MOTZ and QUATTLEBAUM, Circuit Judges, and HAMILTON, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
DeVinche Albritton, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
DeVinche Javon Albritton, a Virginia inmate, seeks to appeal the district court’s
order * denying various postjudgment motions filed in Albritton’s 28 U.S.C. § 2254 (2012)
proceeding. 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 Albritton 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 contentions are adequately presented in the materials
before this court and argument would not aid the decisional process.
DISMISSED
*
Because Albritton filed numerous postjudgment motions in his federal habeas
proceeding, which the district court resolved in various orders, we note that the subject
order was entered on April 24, 2019.
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