Jose Luis Macias v. Butch Jackson

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UNPUBLISHED PER CURIAM OPINION filed.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]

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Jose Luis Macias v. Butch Jackson Doc. 0 Case: 10-7237 Document: 11 Date Filed: 12/02/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7237 JOSE LUIS MACIAS, Petitioner - Appellant, v. BUTCH JACKSON, Respondent - Appellee.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 Dismissed by unpublished per curiam opinion.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 Carla Hollis, DEPARTMENT OF Unpublished opinions are not binding precedent in this circuit.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 Case: 10-7237 Document: 11 Date Filed: 12/02/2010 Page: 2 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 2 Case: 10-7237 Document: 11 Date Filed: 12/02/2010 Page: 3 before the court and argument would not aid the decisional process. DISMISSED 3

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