Filed: Nov. 30, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6840 WALTER DOUGLAS JENKINS, Petitioner - Appellant, v. DAVID ZOOK, Warden, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:18-cv-00761-CMH-IDD) Submitted: November 19, 2018 Decided: November 30, 2018 Before DUNCAN and FLOYD, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curi
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6840 WALTER DOUGLAS JENKINS, Petitioner - Appellant, v. DAVID ZOOK, Warden, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:18-cv-00761-CMH-IDD) Submitted: November 19, 2018 Decided: November 30, 2018 Before DUNCAN and FLOYD, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curia..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-6840
WALTER DOUGLAS JENKINS,
Petitioner - Appellant,
v.
DAVID ZOOK, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Claude M. Hilton, Senior District Judge. (1:18-cv-00761-CMH-IDD)
Submitted: November 19, 2018 Decided: November 30, 2018
Before DUNCAN and FLOYD, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Walter Douglas Jenkins, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Walter Douglas Jenkins seeks to appeal the district court’s order dismissing his
28 U.S.C. § 2254 (2012) petition as successive and unauthorized. 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 Jenkins has not
made the requisite showing. Accordingly, we deny a certificate of appealability, deny
leave to proceed in forma pauperis, deny Jenkins’ motion for appointment of 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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