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Personius v. Dir., Va. Dep't of Corr.

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jun 18, 2013
529 F. App'x 344 (4th Cir. 2013)

Opinion

No. 13-6504

06-18-2013

MARC WAYNE PERSONIUS, Petitioner - Appellant, v. DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS, Respondent - Appellee.

Marc Wayne Personius, Appellant Pro Se.


UNPUBLISHED

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O'Grady, District Judge. (1:12-cv-01096-LO-JFA) Before NIEMEYER, KING, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Marc Wayne Personius, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Marc Wayne Personius seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2254 (2006) 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) (2006). 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) (2006). 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 Personius 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 in the materials before this court and argument would not aid the decisional process.

DISMISSED


Summaries of

Personius v. Dir., Va. Dep't of Corr.

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jun 18, 2013
529 F. App'x 344 (4th Cir. 2013)
Case details for

Personius v. Dir., Va. Dep't of Corr.

Case Details

Full title:MARC WAYNE PERSONIUS, Petitioner - Appellant, v. DIRECTOR, VIRGINIA…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Jun 18, 2013

Citations

529 F. App'x 344 (4th Cir. 2013)