Corey Woodson v. Harold Clarke, No. 13-7786 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7786 COREY RAYNARD WOODSON, Petitioner - Appellant, v. HAROLD W. CLARKE, Corrections, Director, Virginia Department of Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Mark S. Davis, District Judge. (2:12-cv-00507-MSD-LRL) Submitted: February 20, 2014 Decided: February 26, 2014 Before DUNCAN, DIAZ, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Corey Raynard Woodson, Appellant Pro Se. Katherine Quinlan Adelfio, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Corey court s judge order and petition. or judge Raynard accepting denying the relief seeks to appeal recommendation on his 28 of U.S.C. the the § district magistrate 2254 (2012) The order is not appealable unless a circuit justice issues a certificate § 2253(c)(1)(A) (2012). issue Woodson absent a appealability. 28 U.S.C. A certificate of appealability will not substantial constitutional right. of showing of the denial 28 U.S.C. § 2253(c)(2) (2012). 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 Woodson 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 because the facts and legal contentions are adequately 2 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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