Jonathan Henslee v. NC D.O.C.

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UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to compel [998405853-2]; denying Motion for other relief [998321613-2] Originating case number: 1:10-cv-00048-GCM. Copies to all parties and the district court/agency. [998417357] [10-6548]

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Jonathan Henslee v. NC D.O.C. Doc. 0 Case: 10-6548 Document: 13 Date Filed: 09/02/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6548 JONATHAN HENSLEE, Petitioner - Appellant, v. NORTH CAROLINA DEPARTMENT OF CORRECTIONS, Respondent - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Graham C. Mullen, Senior District Judge. (1:10-cv-00048-GCM) Submitted: August 26, 2010 Decided: September 2, 2010 Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Jonathan Henslee, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Dockets.Justia.com Case: 10-6548 Document: 13 Date Filed: 09/02/2010 Page: 2 PER CURIAM: Jonathan Henslee seeks to appeal the district court's order 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. See 28 U.S.C. 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 Henslee has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny Henslee's motions for discovery and to compel, and dismiss the appeal. legal We dispense with oral argument because the facts and are adequately presented in the materials contentions 2 Case: 10-6548 Document: 13 Date Filed: 09/02/2010 Page: 3 before the court and argument would not aid the decisional process. DISMISSED 3

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