Kearns v. Hoke, 020812 FED4, 11-7178
|Opinion Judge:||PER CURIAM|
|Party Name:||JAMES H. KEARNS, Petitioner - Appellant, v. ADRIAN HOKE, Warden, Respondent - Appellee.|
|Attorney:||James H. Kearns, Appellant Pro Se. Robert David Goldberg, Assistant Attorney General, Charleston, West Virginia, for Appellee.|
|Judge Panel:||Before GREGORY, SHEDD, and DAVIS, Circuit Judges.|
|Case Date:||February 08, 2012|
|Court:||United States Courts of Appeals, Court of Appeals for the Fourth Circuit|
Submitted: January 31, 2012
Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Irene M. Keeley, District Judge. (1:09-cv-00156-IMK-JSK)
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
James H. Kearns seeks to appeal the district court's order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (2006) . 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). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court's assessment of the constitutional claims is debatable or wrong. 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...
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