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    Ronald Riddick v. Harold Clarke, 4th Cir. (2014)

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    The United States Court of Appeals for the Fourth Circuit dismissed Ronald Riddick's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The court determined that Riddick did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denied Riddick's request for a certificate of appealability and dismissed the appeal. The court also denied Riddick's request to proceed in forma pauperis and dispensed with oral argument.

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    Ronald Riddick v. Harold Clarke, 4th Cir. (2014)

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    The United States Court of Appeals for the Fourth Circuit dismissed Ronald Riddick's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The court determined that Riddick did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denied Riddick's request for a certificate of appealability and dismissed the appeal. The court also denied Riddick's request to proceed in forma pauperis and dispensed with oral argument.

    Original Description:

    Filed: 2014-06-26 Precedential Status: Non-Precedential Docket: 14-6246

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    The United States Court of Appeals for the Fourth Circuit dismissed Ronald Riddick's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The court determined that Riddick did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denied Riddick's request for a certificate of appealability and dismissed the appeal. The court also denied Riddick's request to proceed in forma pauperis and dispensed with oral argument.

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    10 views3 pages

    Ronald Riddick v. Harold Clarke, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Ronald Riddick's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The court determined that Riddick did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denied Riddick's request for a certificate of appealability and dismissed the appeal. The court also denied Riddick's request to proceed in forma pauperis and dispensed with oral argument.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-6246

    RONALD DEANGELO RIDDICK,


    Petitioner - Appellant,
    v.
    HAROLD
    W.
    CLARKE,
    Corrections,

    Director,

    Virginia

    Department

    of

    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. Gerald Bruce Lee, District
    Judge. (1:13-cv-00424-GBL-TCB)

    Submitted:

    June 24, 2014

    Decided:

    June 26, 2014

    Before WILKINSON, DUNCAN, and THACKER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Ronald DeAngelo Riddick, Appellant Pro Se.


    David Michael
    Uberman, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond,
    Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Ronald DeAngelo Riddick seeks to appeal the district
    courts

    order

    petition.

    denying

    relief

    on

    his

    28

    U.S.C.

    (2012)

    The order is not appealable unless a circuit justice

    or judge issues a certificate of appealability.


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

    2254

    absent

    A certificate of appealability will not

    substantial

    constitutional right.

    See 28 U.S.C.

    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 Riddick has not made the requisite showing.

    Accordingly,

    we deny a certificate of appealability and dismiss the appeal.


    We deny leave to proceed in forma pauperis and 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

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