Leroy Greene, Jr. v. Harold Clarke, No. 12-7574 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7574 LEROY GREENE, JR., Petitioner - Appellant, v. HAROLD W. CLARKE, Director, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, Magistrate Judge. (3:10-cv-00053-MHL) Submitted: February 26, 2013 Decided: February 28, 2013 Before MOTZ, WYNN, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Leroy Greene, Jr., Appellant Pro Se. Joshua Mikell Didlake, Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Leroy Greene, Jr., seeks to appeal the order of the magistrate judge denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. § 2253(c)(1)(A) (2006). issue 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 Greene has not made the requisite showing. Accordingly, we deny Greene s motion for a certificate of appealability, deny The parties consented to proceed before the magistrate judge pursuant to 28 U.S.C. § 636(c) (2006). 2 Greene s motion to appoint counsel, and dismiss the appeal. dispense with contentions are oral argument adequately because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. DISMISSED 3