Thomas Mitchell, Jr. v. Harold Clarke, No. 15-6843 (4th Cir. 2015)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6843 THOMAS F. MITCHELL, JR., Petitioner - Appellant, v. HAROLD W. CLARKE, VDOC Director, Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:14-cv-00086-JLK-RSB) Submitted: November 30, 2015 Decided: December 2, 2015 Before WILKINSON, SHEDD, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Thomas F. Mitchell, Jr., Appellant Pro Se. James Milburn Isaacs, Jr., OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Thomas F. Mitchell, Jr., a state prisoner, seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2241 (2012) petition, which the court also construed as a 28 U.S.C. § 2254 (2012) petition. Mitchell also seeks to appeal the district court’s order denying his postjudgment motion. orders are issues not a appealable certificate § 2253(c)(1)(A) (2012). issue absent “a unless of circuit justice appealability. or 28 judge U.S.C. A certificate of appealability will not substantial constitutional right.” a The 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 Mitchell has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in 2 forma pauperis, 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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