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Jose Cruz v. Harold Clarke, 4th Cir. (2015)
Jose Cruz v. Harold Clarke, 4th Cir. (2015)
Jose Cruz v. Harold Clarke, 4th Cir. (2015)
No. 15-6399
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. John A. Gibney, Jr., District
Judge. (3:14-cv-00022-JAG-RCY)
Submitted:
Decided:
Jose Luis Cruz, Appellant Pro Se. Eugene Paul Murphy, OFFICE OF
THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
Appellee.
PER CURIAM:
Jose Luis Cruz seeks to appeal the district courts order
accepting the recommendation of the magistrate judge and denying
relief on his 28 U.S.C. 2254 (2012) petition.
28 U.S.C. 2253(c)(2)
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,
Accordingly, we deny a
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
this
court
and