Benny McCroskey v. Harold Clarke, No. 14-6571 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6571 BENNY W. MCCROSKEY, Petitioner - Appellant, v. HAROLD CLARKE, Director of the D.O.C., Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Mark S. Davis, District Judge. (2:13-cv-00168-MSD-LRL) Submitted: August 28, 2014 Before SHEDD and Circuit Judge. FLOYD, Decided: Circuit Judges, September 4, 2014 and DAVIS, Senior Dismissed by unpublished per curiam opinion. Benny W. McCroskey, 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 Unpublished opinions are not binding precedent in this circuit.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: Benny court s judge order and petition. or judge W. McCroskey accepting denying relief to appeal recommendation on his 28 of U.S.C. the the § district magistrate 2254 (2012) The order is not appealable unless a circuit justice issues a certificate § 2253(c)(1)(A) (2012). issue the seeks 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 McCroskey has not made the requisite showing. Accordingly, we grant McCroskey s motion to amend his informal brief, but deny his motions for appointment of counsel, for an evidentiary hearing, and to compel court records. 2 We deny a certificate of appealability and dismiss the appeal. We dispense with oral argument 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
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