Jorge Reyes, Sr. v. Loretta Kelly, No. 12-7259 (4th Cir. 2012)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7259 JORGE LUIS REYES, SR., Petitioner Appellant, v. LORETTA K. KELLY, Warden, Sussex I State Prison, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:09-cv-00023-HEH) Submitted: November 30, 2012 Decided: December 12, 2012 Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Jorge Luis Reyes, Sr., Appellant Pro Se. Eugene Paul Murphy, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jorge Luis Reyes, Sr., 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 Reyes has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We deny Reyes motion for appointment of counsel. We dispense with oral contentions argument because the facts 2 and legal are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3
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