No. 23A26

Kenyatta H. Adams v. Harold Clarke, Director, Virginia Department of Corrections

Lower Court: Fourth Circuit
Docketed: 2023-07-12
Status: Presumed Complete
Type: A
Tags: None
Latest Conference: N/A
Question Presented (AI Summary)

Question not identified.

Question Presented (OCR Extract)

No question identified. : Ee aS ——EE aa! FF 2 Pee. SS Se eae ~ Sai UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 22-6839 KENYATTA H. ADAMS, Petitioner Appellant, v. HAROLD W. CLARKE, Respondent Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert John Krask, Magistrate Judge. (2:21-cv-00553-RJK) Submitted: February 21, 2023 Decided: February 23, 2023 Before NIEMEYER and DIAZ, Circuit Judges, and MOTZ, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Kenyatta Hasani Adams, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Tee le ee ee eee ns ~ Se PER CURIAM: Kenyatta Hasani Adams seeks to appeal the magistrate judge’s order denying relief on his 28 U.S.C. § 2254 petition and a subsequent order denying reconsideration.” The orders are not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 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). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists could find the district court’s assessment of the constitutional claims debatable or wrong. See Buck v. Davis, 580 U.S. 100, 115-17 (2017). 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. Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)). We have independently reviewed the record and conclude that Adams has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We grant Adams’ motion to supplement his informal brief. 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 * The parties consented to proceed before a magistrate judge pursuant to § 28 U.S.C. 636(c). RINE NT PAY VO. 2 Vw EE ETN WOE i ewe ge fee FILED: April 11, 2023 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 22-6839 (2:21-cv-00553-RJK) KENYATTA H. ADAMS Petitioner Appellant v. HAROLD W. CLARKE Respondent Appellee ORDER The court denies the petition for rehearing and rehearing en banc. No judge requested a poll under Fed. R. App. P.. 35 on the petition for rehearing en banc. Entered at the direction of the panel: Judge Niemeyer, Judge Diaz, and Senior Judge Motz. For the Court /s/ Patricia S. Connor, Clerk

Docket Entries

2023-07-13
Application (23A26) granted by The Chief Justice extending the time to file until September 8, 2023.
2023-07-03
Application (23A26) to extend the time to file a petition for a writ of certiorari from July 10, 2023 to September 8, 2023, submitted to The Chief Justice.

Attorneys

Kenyatta Adams
Kenyatta H. Adams — Petitioner
Kenyatta H. Adams — Petitioner