Willie Loyd, Jr. v. Commonwealth of Virginia, No. 12-6542 (4th Cir. 2012)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6542 WILLIE SANFORD LOYD, JR., Petitioner Appellant, v. COMMONWEALTH OF VIRGINIA; JAMES A. CALES, MORTON V. WHITLOW, Judge; BEN WRIGHT, Warden, JR., Judge; Respondents - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, Senior District Judge. (1:11-cv-01327-TSE-TRJ) Submitted: July 17, 2012 Decided: July 31, 2012 Before WILKINSON, MOTZ, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Willie Sanford Loyd, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Willie Sanford Loyd, Jr., seeks to appeal the district court s order petition. denying relief on his 28 U.S.C. (2006) The order is not appealable unless a circuit justice or judge issues a certificate of appealability. § 2253(c)(1)(A) (2006). issue § 2254 absent a A certificate of appealability will not substantial constitutional right. See 28 U.S.C. showing of the denial 28 U.S.C. § 2253(c)(2) (2006). of a 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 Cockrell, (2000); (2003). see Miller-El v. 537 U.S. 322, 336-38 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 Loyd has not made the requisite showing. Accordingly, we deny Loyd s motions for leave to proceed in forma pauperis and for a transcript, dismiss the appeal. facts and legal deny a certificate of appealability and We dispense with oral argument because the contentions are 2 adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3
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