Ervin Pollard v. Butch Jackson


UNPUBLISHED PER CURIAM OPINION filed.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]

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Ervin Pollard v. Butch Jackson Doc. 0 Case: 09-7621 Document: 22 Date Filed: 09/08/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7621 ERVIN SHERROD POLLARD, Petitioner - Appellant, v. BUTCH JACKSON, Respondent - Appellee.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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. Case: 09-7621 Document: 22 Date Filed: 09/08/2010 Page: 2 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 2 Case: 09-7621 Document: 22 Date Filed: 09/08/2010 Page: 3 before the court and argument would not aid the decisional process. DISMISSED 3

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