Ronald Whiteside v. Scotland County Superior Court

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [998610469-2], updating certificate of appealability status, updating fee/ifp/cja deadlines Originating case number: 1:10-cv-00386-WWD-WWD Copies to all parties and the district court/agency. [998681785]. Mailed to: Whiteside. [11-6662]

Appeal: 11-6662

Document: 22

Date Filed: 09/20/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6662

RONALD G. WHITESIDE,
Petitioner - Appellant,
v.
SCOTLAND COUNTY SUPERIOR COURT,
Respondent - Appellee.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
Wallace W. Dixon,
Magistrate Judge. (1:10-cv-00386-WWD-WWD)

Submitted:

August 15, 2011

Decided:

September 20, 2011

Before KING, GREGORY, and DAVIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ronald G. Whiteside, Appellant Pro Se.
Clarence Joe DelForge,
III, Assistant Attorney General, Raleigh, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-6662

Document: 22

Date Filed: 09/20/2011

Page: 2 of 3

PER CURIAM:
Ronald

G.

Whiteside

seeks

to

appeal

the

magistrate

judge’s orders denying relief on his 28 U.S.C. § 2254 (2006)
petition,

finding

it

was

untimely,

28

see

U.S.C.

§ 2244(d)

(2006), and denying a post-judgment motion seeking to “address
limit.” *

the

justice

or

The

judge

order

is

issues

a

not

appealable

certificate

U.S.C. § 2253(c)(1)(A) (2006).

of

unless

a

circuit

appealability.

28

A certificate of appealability

will not issue absent “a substantial showing of the denial of a
constitutional right.”
relief

is

standard
that

the

denied

by

on

28 U.S.C. § 2253(c)(2) (2006).
the

demonstrating

magistrate

merits,
that

judge’s

claims is debatable or wrong.
484 (2000);
(2003).

see Miller-El

When

relief

is

v.

a

prisoner

reasonable

assessment

satisfies

jurists

of

When

the

would

this
find

constitutional

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

denied

on

537

U.S.

procedural

322,

336-38

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.

Slack, 529 U.S.

at

the

484-85.

conclude

that

We

have

independently

Whiteside

has

not

*

reviewed

made

the

record

requisite

and

showing.

The parties consented to the exercise of jurisdiction by
the magistrate judge pursuant to 28 U.S.C. § 636(c) (2006).

2

Appeal: 11-6662

Document: 22

Date Filed: 09/20/2011

Page: 3 of 3

Accordingly, we deny a certificate of appealability, deny leave
to proceed in forma pauperis, deny the motion for appointment of
counsel and dismiss the appeal.

We dispense with oral argument

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

3