Ervin Pollard v. Butch Jackson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:08-hc-02121-BO Copies to all parties and the district court/agency. [998420425] [09-7621]

Ervin Pollard v. Butch Jackson

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7621 ERVIN SHERROD POLLARD, Petitioner - Appellant, v. BUTCH JACKSON, Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:08-hc-02121-BO) Submitted: June 15, 2010 Decided: September 8, 2010

Before SHEDD, DAVIS, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Ervin Sherrod Pollard, Appellant Pro Se. Clarence Joe DelForge, III, Assistant Attorney General, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

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PER CURIAM: Ervin court's order petition. Sherrod denying Pollard relief on seeks his to 28 appeal U.S.C. the district (2006)

§ 2254

The order is not appealable unless a circuit justice See 28 U.S.C.

or judge issues a certificate of appealability. § 2253(c)(1) (2006). issue absent "a

A certificate of appealability will not showing of the denial of a

substantial

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. 484 (2000); see Miller-El v. Slack v. McDaniel, 529 U.S. 473, 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. 529 U.S. at 484-85. Slack,

We have independently reviewed the record

and conclude that Pollard 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

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before

the

court

and

argument

would

not

aid

the

decisional

process. DISMISSED

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