Calvin Nelson v. William Scism

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [998532481-2] Originating case number: 5:10-hc-02206-D Copies to all parties and the district court/agency. [998645185]. Mailed to: Calvin B. Nelson. [11-6214]

Appeal: 11-6214

Document: 11

Date Filed: 08/02/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6214

CALVIN B. NELSON,
Plaintiff - Appellant,
v.
WILLIAM SCISM,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever, III,
District Judge. (5:10-hc-02206-D)

Submitted:

July 28, 2011

Decided:

August 2, 2011

Before SHEDD, AGEE, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Calvin B. Nelson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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Date Filed: 08/02/2011

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PER CURIAM:
Calvin
seeks

to

B.

appeal

Nelson,

the

a

District

district

court’s

of

Columbia

order

offender,

denying

relief

without prejudice on his 28 U.S.C.A. § 2241 (West 2006 & Supp.
2011) petition.
justice

or

The order is not appealable unless a circuit

judge

issues

a

certificate

U.S.C. § 2253(c)(1)(A) (2006).

of

appealability.

28

A certificate of appealability

will not issue absent “a substantial showing of the denial of a
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.

Slack v. McDaniel, 529 U.S. 473,

484

Cockrell,

(2000);

(2003).

see

Miller-El

v.

537

U.S.

322,

336-38

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 Nelson has not made the requisite showing.
Accordingly, we deny a certificate of appealability, deny leave
to

proceed

dispense

in

with

forma

pauperis,

oral

argument

and

dismiss

because

2

the

the

appeal.

facts

and

We
legal

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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.

DISMISSED

3