Julius McLeod, Jr. v. Cheryl Price

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UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 1:12-cv-00219-TDS-LPA Copies to all parties and the district court. [998976551]. Mailed to: Julius McLeod, Jr.. [12-6982]

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Appeal: 12-6982 Doc: 10 Filed: 11/07/2012 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6982 JULIUS MCLEOD, JR., Petitioner - Appellant, v. CHERYL PRICE, WARDEN, III, Respondent - Appellee. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, District Judge. (1:12-cv-00219-TDS-LPA) Submitted: November 2, 2012 Decided: November 7, 2012 Before WILKINSON, KEENAN, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Julius McLeod, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 12-6982 Doc: 10 Filed: 11/07/2012 Pg: 2 of 3 PER CURIAM: Julius court’s judge order and petition. or judge McLeod, accepting denying the relief seeks to appeal recommendation on his 28 of U.S.C. the the § district magistrate 2254 (2006) The order is not appealable unless a circuit justice issues a certificate § 2253(c)(1)(A) (2006). issue Jr., 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 McLeod has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. dispense with oral argument because 2 the facts and We legal Appeal: 12-6982 Doc: 10 Filed: 11/07/2012 Pg: 3 of 3 contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3

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