Filed: Oct. 04, 2016
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6403 MICHAEL KEITH HOLDEN, Petitioner - Appellant, v. HAROLD W. CLARKE, Director, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (2:14-cv-00616-RAJ-RJK) Submitted: September 29, 2016 Decided: October 4, 2016 Before SHEDD, KEENAN, and HARRIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Michael Keith Hol
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6403 MICHAEL KEITH HOLDEN, Petitioner - Appellant, v. HAROLD W. CLARKE, Director, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (2:14-cv-00616-RAJ-RJK) Submitted: September 29, 2016 Decided: October 4, 2016 Before SHEDD, KEENAN, and HARRIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Michael Keith Hold..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6403
MICHAEL KEITH HOLDEN,
Petitioner - Appellant,
v.
HAROLD W. CLARKE, Director,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (2:14-cv-00616-RAJ-RJK)
Submitted: September 29, 2016 Decided: October 4, 2016
Before SHEDD, KEENAN, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael Keith Holden, Appellant Pro Se. Richard Carson Vorhis,
Senior Assistant Attorney General, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Michael Keith Holden, a state prisoner, seeks to appeal the
district court’s orders accepting the recommendation of the
magistrate judge and denying relief on his 28 U.S.C. § 2241 (2012)
petition, and denying his motion for reconsideration. The orders
are 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
Holden 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
2
because the facts 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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