Roger Bowers, Jr. v. David Ballard

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999112024-2] Originating case number: 2:11-cv-00073-JPB-DJJ. Copies to all parties and the district court/agency. [999250783]. Mailed to: Roger Bowers, Jr. [13-6649]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6649

ROGER LEE BOWERS, JR.,
Petitioner - Appellant,
v.
DAVID BALLARD, Warden,
Respondent - Appellee.

Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins.
John Preston Bailey,
Chief District Judge. (2:11-cv-00073-JPB-DJJ)

Submitted:

October 31, 2013

Decided:

December 3, 2013

Before WILKINSON, DUNCAN, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Roger Lee Bowers, Jr., Appellant
Dodrill, OFFICE OF THE ATTORNEY
Virginia, for Appellee.

Pro Se.
GENERAL,

Christopher S.
Charleston, West

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Roger Lee Bowers, Jr., seeks to appeal the district
court’s

order

denying

reconsideration

of

his

the

Fed.

R.

district

Civ.

P.

court’s

60(b)

for

adopting

order

motion

the

magistrate judge’s report and recommendation and denying relief
on his 28 U.S.C. § 2254 (2006) petition.
appealable

unless

a

circuit

certificate of appealability.
Reid

v.

Angelone,

A certificate

of

369

justice

The order is not

or

judge

issues

a

28 U.S.C. § 2253(c)(1)(A) (2006);

F.3d

363,

appealability

369

will

(4th

not

Cir.

issue

2004).

absent

“a

substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2006).
relief

on

the

demonstrating
district
debatable

merits,
that

court’s
or

a

prisoner

reasonable

assessment

wrong.

When the district court denies

Slack

satisfies

jurists

this

would

of

the

v.

McDaniel,

standard

find

constitutional
529

U.S.

by

that

the

claims

is

473,

484

(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003).
We have independently reviewed the record and conclude
that Bowers has not made the requisite showing.

Accordingly, we

deny a certificate of appealability, deny leave to proceed in
forma pauperis, and dismiss the appeal.

We dispense with oral

argument because the facts and legal contentions are adequately

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presented in the materials before this court and argument would
not aid the decisional process.

DISMISSED

3