Marqueion Harrison v. Willie Davi

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for bail/release pending appeal (Local Rule 9(a) and (b)) [998862160-2], denying Motion for bail/release pending appeal (Local Rule 9(a) and (b)) [998862163-2], denying Motion for bail/release pending appeal (Local Rule 9(a) and (b)) [998868467-2]; denying Motion to appoint/assign counsel [998798421-2] Originating case number: 5:10-hc-02235-FL Copies to all parties and the district court/agency. [998873065]. Mailed to: Marqueion Harrison. [12-6086]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6086
MARQUEION JAMAL HARRISON,
Petitioner - Appellant,
v.
WILLIE DAVIS,
Respondent Appellee,
and
HALIFAX COUNTY SUPERIOR COURT,
Respondent.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Louise W. Flanagan,
District Judge. (5:10-hc-02235-FL)
Submitted:

May 24, 2012

Before MOTZ and
Circuit Judge.

DAVIS,

Decided:
Circuit

Judges,

and

June 12, 2012

HAMILTON,

Senior

Dismissed by unpublished per curiam opinion.
Marqueion
Assistant
Appellee.

Harrison,
Attorney

Appellant Pro Se.
General, Raleigh,

Mary Carla Hollis,
North Carolina, for

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Marqueion Jamal Harrison seeks to appeal the district
court’s order denying relief on his 28 U.S.C.
petition.

(2006)

The order is not appealable unless a circuit justice

or judge issues a certificate of appealability.
§ 2253(c)(1)(A) (2006).
issue

§ 2254

absent

“a

A certificate of appealability will not

substantial

constitutional right.”

See 28 U.S.C.

showing

of

the

denial

28 U.S.C. § 2253(c)(2) (2006).

of

a

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);
(2003).

see

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

Miller-El v. Cockrell, 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 Harrison has not made the requisite showing.

Accordingly,

we deny his motion for appointment of counsel, motion for bail
or release pending appeal, and supplemental motion for bail or
release pending appeal, deny a certificate of appealability, and
dismiss the appeal.

We dispense with oral argument because the

2

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facts

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and

materials

legal
before

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contentions

are

adequately

the

and

argument

court

presented

would

not

in

the

aid

the

decisional process.
DISMISSED

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