Jose Luis Macias v. Butch Jackson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:09-hc-02102-BO Copies to all parties and the district court/agency. [998476767] [10-7237]

Jose Luis Macias v. Butch Jackson

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Case: 10-7237 Document: 11

Date Filed: 12/02/2010

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7237 JOSE LUIS MACIAS, Petitioner - Appellant, v. BUTCH JACKSON, Respondent - Appellee.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. (5:09-hc-02102-BO) Submitted: November 18, 2010 AGEE, Circuit Decided: Judges, and December 2, 2010 HAMILTON, Senior

Before SHEDD and Circuit Judge.

Dismissed by unpublished per curiam opinion. Jose Luis Macias, Appellant Pro Se. Mary Assistant Attorney General, NORTH CAROLINA JUSTICE, Raleigh, North Carolina, for Appellee. Carla Hollis, DEPARTMENT OF

Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

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PER CURIAM: Jose Luis Macias 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 Macias 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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