Billy Morrison v. John Vaughan
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:06-hc-02199-H. Copies to all parties and the district court/agency. [999265025]. Mailed to: appellant. [13-7277]
Appeal: 13-7277
Doc: 10
Filed: 12/23/2013
Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7277
BILLY RAY MORRISON,
Petitioner - Appellant,
v.
JOHN NEIL VAUGHAN,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Malcolm J. Howard,
Senior District Judge. (5:06-hc-02199-H)
Submitted:
December 19, 2013
Decided:
December 23, 2013
Before SHEDD, DAVIS, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Billy Ray Morrison, Appellant Pro Se.
Mary Carla Hollis,
Assistant
Attorney
General,
Raleigh,
North
Carolina,
for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 13-7277
Doc: 10
Filed: 12/23/2013
Pg: 2 of 3
PER CURIAM:
Billy
court’s
order
Ray
Morrison
denying
his
seeks
Fed.
R.
to
appeal
Civ.
P.
the
60(b)
district
motion
for
reconsideration of the district court’s order denying relief on
his
28
U.S.C.
appealable
§ 2254
unless
petition.
circuit
a
(2006)
justice
certificate of appealability.
Reid
v.
Angelone,
A certificate
of
369
The
or
order
judge
is
issues
not
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
merits,
that
court’s
debatable
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).
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 Morrison has not made the requisite showing.
Accordingly,
we deny a certificate of appealability and dismiss the appeal.
2
Appeal: 13-7277
We
Doc: 10
dispense
contentions
Filed: 12/23/2013
with
are
Pg: 3 of 3
oral
because
argument
adequately
presented
in
the
facts
and
the
materials
legal
before
this 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?