Filed: Mar. 17, 2020
Latest Update: Mar. 17, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7239 BRIAN JEROME SCOTT, Plaintiff - Appellant, v. HAROLD W. CLARKE, Director Virginia Dept. of Corrections, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, District Judge. (3:18-cv-00851-MHL) Submitted: March 10, 2020 Decided: March 17, 2020 Before WILKINSON, QUATTLEBAUM, and RUSHING, Circuit Judges. Dismissed by unpublished per curiam o
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7239 BRIAN JEROME SCOTT, Plaintiff - Appellant, v. HAROLD W. CLARKE, Director Virginia Dept. of Corrections, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, District Judge. (3:18-cv-00851-MHL) Submitted: March 10, 2020 Decided: March 17, 2020 Before WILKINSON, QUATTLEBAUM, and RUSHING, Circuit Judges. Dismissed by unpublished per curiam op..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-7239
BRIAN JEROME SCOTT,
Plaintiff - Appellant,
v.
HAROLD W. CLARKE, Director Virginia Dept. of Corrections,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. M. Hannah Lauck, District Judge. (3:18-cv-00851-MHL)
Submitted: March 10, 2020 Decided: March 17, 2020
Before WILKINSON, QUATTLEBAUM, and RUSHING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Brian Jerome Scott, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Brian Jerome Scott seeks to appeal the district court’s order dismissing his 28 U.S.C.
§ 2254 (2018) petition as successive and unauthorized and he has filed a motion for a
certificate of appealability. The district court’s order is not appealable unless a circuit
justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (2018). 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) (2018). 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 Scott has failed to
make the requisite showing. Accordingly, we deny Scott’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 contentions are adequately
presented in the materials before this court and argument would not aid the decisional
process.
DISMISSED
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