Opinion

Natalia Wilson v. Tammy Brown

  • 697 F. App'x 196
Court
Court of Appeals for the Fourth Circuit
Filed
Sep 13, 2017
Status
Unpublished
On the bench
Wilkinson, Shedd, Hamilton
Cited by
0 cases
Authority
More cited than 3.9%

The opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 16-7628

NATALIA LESHCHENKO WILSON,

Petitioner - Appellant,

v.

TAMMY BROWN, Warden of the Fluvanna Correctional Center for Women,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at

Richmond. M. Hannah Lauck, District Judge. (3:14-cv-00768-MHL)

Submitted: August 29, 2017 Decided: September 13, 2017

Before WILKINSON and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit

Judge.

Dismissed by unpublished per curiam opinion.

Alexey Valerievich Tarasov, Houston, Texas, for Appellant. Craig Stallard, Assistant

Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Natalia Leshchenko Wilson seeks to appeal the district court’s order denying relief

on her 28 U.S.C. § 2254 (2012) petition. The order is not appealable unless a circuit

justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(A)

(2012). 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) (2012). 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 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 Wilson has not

made the requisite showing. Accordingly, we deny a certificate of appealability and

dismiss the appeal. 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

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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