Filed: Jul. 12, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6089 FREDDIE LEE HALL, Petitioner - Appellant, v. DAVID ZOOK, Warden, Sussex I State Prison, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:17-cv-00602-LMB-JFA) Submitted: June 28, 2018 Decided: July 12, 2018 Before GREGORY, Chief Judge, and DUNCAN and KEENAN, Circuit Judges. Dismissed by unpublished per curiam o
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6089 FREDDIE LEE HALL, Petitioner - Appellant, v. DAVID ZOOK, Warden, Sussex I State Prison, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:17-cv-00602-LMB-JFA) Submitted: June 28, 2018 Decided: July 12, 2018 Before GREGORY, Chief Judge, and DUNCAN and KEENAN, Circuit Judges. Dismissed by unpublished per curiam op..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-6089
FREDDIE LEE HALL,
Petitioner - Appellant,
v.
DAVID ZOOK, Warden, Sussex I State Prison,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Leonie M. Brinkema, District Judge. (1:17-cv-00602-LMB-JFA)
Submitted: June 28, 2018 Decided: July 12, 2018
Before GREGORY, Chief Judge, and DUNCAN and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Freddie Lee Hall, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Freddie Lee Hall 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. 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 Hall has not made
the requisite showing. Accordingly, although we grant Hall’s motion for leave to amend
and supplement his informal brief, we deny a certificate of appealability, deny leave to
proceed in forma pauperis, deny Hall’s motion to appoint counsel, 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
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