Kareem Kirk v. State of North Carolina

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:11-cv-00513-RJC Copies to all parties and the district court/agency. [998813931]. Mailed to: Kirk. [11-7570]

Appeal: 11-7570

Document: 12

Date Filed: 03/20/2012

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-7570

KAREEM ABDULLAH KIRK,
Petitioner – Appellant,
v.
STATE OF NORTH CAROLINA; ROY COOPER; ALVIN WILLIAM KELLER,
JR.,
Respondents - Appellees.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., Chief District Judge. (3:11-cv-00513-RJC)

Submitted:

March 15, 2012

Decided:

March 20, 2012

Before DUNCAN and FLOYD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Kareem Abdullah Kirk, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-7570

Document: 12

Date Filed: 03/20/2012

Page: 2 of 3

PER CURIAM:
Kareem
appeal

the

U.S.C.A.

Abdullah

district

§ 2241

Kirk,

court’s

(West

a

order

2006

&

state

prisoner,

denying

Supp.

relief

2011)

seeks
on

his

petition

to
28

without

prejudice to his ability to file a 28 U.S.C. § 2254 (2006)
petition on his claim challenging the constitutionality of his
conviction.
justice

or

The

order

is

judge

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.”

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.

Slack,

529 U.S. at 484-85.
We have independently reviewed the record and conclude
that Kirk has not made the requisite showing.

Accordingly, we

deny a certificate of appealability and dismiss the appeal.
2

We

Appeal: 11-7570

Document: 12

dispense

with

Date Filed: 03/20/2012

oral

argument

because

Page: 3 of 3

the

facts

and

legal

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

DISMISSED

3