Charles Graham v. Theodis Beck
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying for certificate of appealability; denying proceed in forma pauperis Originating case number: 3:09-cv-00149-RJC Copies to all parties and the district court/agency. [998937341]. Mailed to: Charles Francis Graham. [12-6894]
Appeal: 12-6894
Doc: 8
Filed: 09/13/2012
Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6894
CHARLES FRANCIS GRAHAM,
Petitioner - Appellant,
v.
THEODIS BECK,
Respondent - Appellee,
and
FREDERICK HUBBARD,
Respondent.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., Chief District Judge. (3:09-cv-00149-RJC)
Submitted:
September 11, 2012
Decided:
September 13, 2012
Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Charles Francis Graham, Appellant Pro Se.
Mary Carla Hollis,
Assistant
Attorney
General,
Raleigh,
North
Carolina,
for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 12-6894
Doc: 8
Filed: 09/13/2012
Pg: 2 of 3
PER CURIAM:
Charles Francis Graham seeks to appeal the district
court’s
order
petition.
or
judge
denying
relief
his
28
U.S.C.
§ 2254
(2006)
The order is not appealable unless a circuit justice
issues
a
certificate
§ 2253(c)(1)(A) (2006).
issue
on
absent
“a
appealability.
28
U.S.C.
A certificate of appealability will not
substantial
constitutional right.”
of
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.
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 Graham has not made the requisite showing.
deny
Graham’s
certificate
dispense
of
with
motion
to
proceed
appealability
oral
argument
and
in
dismiss
because
2
forma
the
Accordingly, we
pauperis,
the
deny
appeal.
facts
and
a
We
legal
Appeal: 12-6894
Doc: 8
Filed: 09/13/2012
Pg: 3 of 3
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
DISMISSED
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?