Carol Drew, III v. Larry Edmonds, No. 13-7748 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7748 CAROL N. DREW, III, Petitioner - Appellant, v. LARRY EDMONDS, Warden, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T.S. Ellis, III, Senior District Judge. (1:13-cv-00312-TSE-JFA) Submitted: February 25, 2014 Decided: March 7, 2014 Before FLOYD and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Carol N. Drew, III, Appellant Pro Se. Benjamin Hyman Katz, Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Carol court s order petition. or judge N. Drew, denying relief seeks on to his 28 appeal U.S.C. the district § 2254 (2012) The order is not appealable unless a circuit justice issues a certificate § 2253(c)(1)(A) (2012). issue III, 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 Drew has not made the requisite showing. Accordingly, we deny leave to proceed in forma pauperis, deny Drew s motion for a certificate dispense with of appealability, oral argument and dismiss because 2 the the appeal. facts and We legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3
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