Charles Call v. Harold Clarke

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6368

CHARLES R. CALL,

Petitioner – Appellant,

HAROLD W. CLARKE, Director,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. T.S. Ellis, III, Senior
District Judge. (1:15-cv-01585-TSE-IDD)

Submitted: June 23, 2016 Decided: June 29, 2016

Before MOTZ, KING, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Charles R. Call, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Charles R. Call 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

Call has not made the requisite showing. Accordingly, we deny a

certificate of appealability, deny leave to proceed in forma

pauperis, deny Call’s motion to assign counsel, and dismiss the

appeal. We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials

2
before this court and argument would not aid the decisional

process.

DISMISSED