Filed: Aug. 21, 2013
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6384 HUBERT JASON, II, Petitioner - Appellant, v. WARDEN OF SUSSEX I STATE PRISON, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony J. Trenga, District Judge. (1:12-cv-00577-AJT-TRJ) Submitted: August 19, 2013 Decided: August 21, 2013 Before WILKINSON, WYNN, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Hubert Jason, II,
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6384 HUBERT JASON, II, Petitioner - Appellant, v. WARDEN OF SUSSEX I STATE PRISON, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony J. Trenga, District Judge. (1:12-cv-00577-AJT-TRJ) Submitted: August 19, 2013 Decided: August 21, 2013 Before WILKINSON, WYNN, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Hubert Jason, II, ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6384
HUBERT JASON, II,
Petitioner - Appellant,
v.
WARDEN OF SUSSEX I STATE PRISON,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Anthony J. Trenga,
District Judge. (1:12-cv-00577-AJT-TRJ)
Submitted: August 19, 2013 Decided: August 21, 2013
Before WILKINSON, WYNN, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Hubert Jason, II, Appellant Pro Se. Craig Stallard, Assistant
Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Hubert Jason, II, seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2254 (2006) 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) (2006). 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) (2006). 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 Jason has not made the requisite showing. Accordingly, we
deny Jason’s motion for 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
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contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
DISMISSED
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