Antonio Townsend v. Harold Clarke, No. 13-7299 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7299 ANTONIO J. TOWNSEND, Petitioner Appellant, v. HAROLD W. CLARKE, Corrections, Director,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. Robert G. Doumar, Senior District Judge. (2:13-cv-00341-RGD-LRL) Submitted: November 21, 2013 Decided: November 26, 2013 Before KING, DUNCAN, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Antonio Jose Townsend, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Antonio court s order petition. Jose denying Townsend relief seeks on to his 28 appeal U.S.C. district § 2254 (2006) The order is not appealable unless a circuit justice or judge issues a certificate of appealability. § 2253(c)(1)(A) (2006). issue the 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 Townsend has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument 2 because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3