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Ozelia Hicks, Jr. v. Harold Clarke
667 F. App'x 796
| 4th Cir. | 2016
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Case Information

*1 Before MOTZ and HARRIS, Circuit Judges, and DAVIS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Ozelia Hicks, Jr., Appellant Pro Se. Leah A. Darron, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

PER CURIAM:

Ozelia Hicks, Jr. , seeks to appeal the magistrate judge’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. See 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 magistrate judge denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the magistrate judge’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 magistrate judge 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 Hicks has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. In light *3 of this disposition, we deny Hicks’ motions for bail/release pending appeal, to compel, to amend/correct, and for other relief. 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

[*] The parties consented to the jurisdiction of a magistrate judge pursuant to 28 U.S.C. § 636(c)(2012).

Case Details

Case Name: Ozelia Hicks, Jr. v. Harold Clarke
Court Name: Court of Appeals for the Fourth Circuit
Date Published: Aug 2, 2016
Citation: 667 F. App'x 796
Docket Number: 16-6374
Court Abbreviation: 4th Cir.
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