Glenn Lawhorn, Jr. v. E. Wright, Jr., No. 13-6479 (4th Cir. 2013)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6479 GLENN CALVIN LAWHORN, JR., Petitioner - Appellant, v. E. E. WRIGHT, JR., Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:12-cv-00203-JLK-RSB) Submitted: July 18, 2013 Before NIEMEYER and Senior Circuit Judge. GREGORY, Decided: Circuit Judges, August 1, 2013 and HAMILTON, Dismissed by unpublished per curiam opinion. Glenn Calvin Lawhorn, Jr., Appellant Pro Se. Virginia Bidwell Theisen, Senior Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Glenn Calvin Lawhorn, Jr., seeks to appeal the district court s order denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice issues or judge a certificate U.S.C. § 2253(c)(1)(A) (2006). of appealability. 28 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) (2006). 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 Lawhorn 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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