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    Clarence J. Turner appealed the district court's denial of his 28 U.S.C. § 2254 petition. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Turner did not make the requisite showing to receive a certificate of appealability. A certificate of appealability requires a substantial showing of the denial of a constitutional right. The appellate court independently reviewed the record and concluded that Turner did not demonstrate his claims were debatable or wrong. Therefore, the court denied a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2016-04-28 Precedential Status: Non-Precedential Docket: 16-6166

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    Clarence J. Turner appealed the district court's denial of his 28 U.S.C. § 2254 petition. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Turner did not make the requisite showing to receive a certificate of appealability. A certificate of appealability requires a substantial showing of the denial of a constitutional right. The appellate court independently reviewed the record and concluded that Turner did not demonstrate his claims were debatable or wrong. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    6 views3 pages

    Clarence Turner v. Harold Clarke, 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    Clarence J. Turner appealed the district court's denial of his 28 U.S.C. § 2254 petition. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Turner did not make the requisite showing to receive a certificate of appealability. A certificate of appealability requires a substantial showing of the denial of a constitutional right. The appellate court independently reviewed the record and concluded that Turner did not demonstrate his claims were debatable or wrong. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 16-6166

    CLARENCE J. TURNER,
    Petitioner Appellant,
    v.
    HAROLD CLARKE, Director, Virginia DOC,
    Respondent - Appellee.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke. Elizabeth K. Dillon, District
    Judge. (7:15-cv-00200-EKD-RSB)

    Submitted:

    April 11, 2016

    Decided:

    April 28, 2016

    Before NIEMEYER, SHEDD, and WYNN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Clarence J. Turner, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Clarence J. Turner seeks to appeal the district courts
    order denying relief on his 28 U.S.C. 2254 (2012) petition.
    The order is not appealable unless a circuit justice or judge
    issues

    certificate

    2253(c)(1)(A) (2012).
    issue

    absent

    of

    appealability.

    28

    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    See

    showing

    of

    the

    denial

    28 U.S.C. 2253(c)(2) (2012).

    of

    When the

    district court denies relief on the merits, a prisoner satisfies


    this

    standard

    by

    demonstrating

    that

    reasonable

    jurists

    would

    find that the district courts assessment of the constitutional


    claims is debatable or wrong.

    Slack v. McDaniel, 529 U.S. 473,

    484

    Cockrell,

    (2000);

    (2003).

    see

    Miller-El

    v.

    537

    U.S.

    322,

    336-38

    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
    Turner has not made the requisite showing.

    Accordingly, we deny

    a certificate of appealability and dismiss the appeal.


    leave

    to

    proceed

    in

    forma

    pauperis

    and

    dispense

    We deny

    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

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