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    Frederick J. Smith Jr. sought to appeal the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief and denial of his motion for reconsideration. The Fourth Circuit Court of Appeals independently reviewed the record and determined that Smith did not make a substantial showing that he was denied a constitutional right. As a result, the court denied Smith's request for a certificate of appealability and dismissed his appeal. The court also denied Smith's motions to expand the record and authenticate state transcripts.

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    Frederick J. Smith Jr. sought to appeal the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief and denial of his motion for reconsideration. The Fourth Circuit Court of Appeals independently reviewed the record and determined that Smith did not make a substantial showing that he was denied a constitutional right. As a result, the court denied Smith's request for a certificate of appealability and dismissed his appeal. The court also denied Smith's motions to expand the record and authenticate state transcripts.

    Original Description:

    Filed: 2013-08-27 Precedential Status: Non-Precedential Docket: 13-6890

    Original Title

    Frederick Smith, Jr. v. Commonwealth of Virginia, 4th Cir. (2013)

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    Frederick J. Smith Jr. sought to appeal the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief and denial of his motion for reconsideration. The Fourth Circuit Court of Appeals independently reviewed the record and determined that Smith did not make a substantial showing that he was denied a constitutional right. As a result, the court denied Smith's request for a certificate of appealability and dismissed his appeal. The court also denied Smith's motions to expand the record and authenticate state transcripts.

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    Frederick J. Smith Jr. sought to appeal the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief and denial of his motion for reconsideration. The Fourth Circuit Court of Appeals independently reviewed the record and determined that Smith did not make a substantial showing that he was denied a constitutional right. As a result, the court denied Smith's request for a certificate of appealability and dismissed his appeal. The court also denied Smith's motions to expand the record and authenticate state transcripts.

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    of 4

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-6890

    FREDERICK J. SMITH, JR.,


    Petitioner - Appellant,
    v.
    COMMONWEALTH OF VIRGINIA,
    Respondent - Appellee.

    No. 13-6962

    FREDERICK J. SMITH, JR.,


    Petitioner - Appellant,
    v.
    COMMONWEALTH OF VIRGINIA,
    Respondent - Appellee.

    Appeals from the United States District Court for the Eastern
    District of Virginia, at Richmond.
    Robert E. Payne, Senior
    District Judge. (3:12-cv-00148-REP)

    Submitted:

    August 20, 2013

    Decided:

    Before WILKINSON, DIAZ, and FLOYD, Circuit Judges.

    August 27, 2013

    Dismissed by unpublished per curiam opinion.

    Frederick J. Smith, Appellant Pro Se.


    THE ATTORNEY GENERAL OF VIRGINIA,
    Appellee.

    Leah A. Darron, OFFICE OF


    Richmond, Virginia, for

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Frederick J. Smith, Jr., seeks to appeal the district
    courts orders denying relief on his 28 U.S.C. 2254 (2006)
    petition and his motion for reconsideration.
    appealable

    unless

    certificate

    of

    (2006).

    circuit

    justice

    appealability.

    See

    28

    The orders are not

    or

    judge

    U.S.C.

    issues

    2253(c)(1)(A)

    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).
    relief

    on

    the

    demonstrating
    district

    merits,
    that

    courts

    debatable

    or

    When the district court denies

    prisoner

    reasonable

    assessment

    wrong.

    Slack

    satisfies

    jurists

    this

    would

    of

    the

    v.

    McDaniel,

    standard

    find

    constitutional
    529

    U.S.

    by

    that

    the

    claims

    is

    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 Smith has not made the requisite showing.

    Accordingly, we

    deny a certificate of appealability and dismiss the appeal.

    We

    deny Smiths motions to expand the record and for authentication


    of state transcripts.

    We dispense with oral argument because


    3

    the facts and legal contentions are adequately presented in the


    materials

    before

    this

    court

    and

    argument

    would

    not

    aid

    the

    decisional process.
    DISMISSED

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