History
  • No items yet
midpage
Ronald Benton, Jr. v. Director of Dep't of Corrections
655 F. App'x 177
| 4th Cir. | 2016
|
Check Treatment
|
Docket

*1 Before SHEDD, AGEE, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ronald Benton, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. *2 PER CURIAM:

Ronald Benton, Jr., seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2012) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (2012). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). 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 (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 Benton 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 presented *3 in the materials before this court and argument would not aid the decisional process.

DISMISSED

Case Details

Case Name: Ronald Benton, Jr. v. Director of Dep't of Corrections
Court Name: Court of Appeals for the Fourth Circuit
Date Published: Jul 25, 2016
Citation: 655 F. App'x 177
Docket Number: 16-6002
Court Abbreviation: 4th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.