Jason Pulley v. Director, Virginia DOC, No. 14-6656 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6656 JASON ALEXANDER PULLEY, Petitioner - Appellant, v. DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony J. Trenga, District Judge. (1:13-cv-01465-AJT-TRJ) Submitted: September 25, 2014 Decided: October 1, 2014 Before GREGORY, DUNCAN, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Jason Alexander Pulley, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jason Alexander Pulley seeks to appeal the district court s orders denying relief on his 28 U.S.C. § 2254 (2012) petition and appealable denying unless a reconsideration. The circuit or certificate of appealability. A certificate of justice orders judge are issues not a 28 U.S.C. § 2253(c)(1)(A) (2012). appealability will not issue absent a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2) (2012). relief on the demonstrating district merits, that court s debatable or a prisoner reasonable assessment wrong. When the district court denies Slack satisfies jurists this would of the v. McDaniel, standard find constitutional 529 U.S. by that the claims is 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). 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 Pulley 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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