Douglas Whitfield v. Larry Dail

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999203294-2]; denying for certificate of appealability Originating case number: 5:12-hc-02202-FL Copies to all parties and the district court/agency. [999245572]. Mailed to: Douglas Whitfield. [13-7431]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-7431

DOUGLAS GENE WHITFIELD,
Petitioner - Appellant,
v.
LARRY DAIL,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Louise W. Flanagan,
District Judge. (5:12-hc-02202-FL)

Submitted:

November 19, 2013

Before WYNN and
Circuit Judge.

FLOYD,

Circuit

Decided: November 22, 2013

Judges,

and

HAMILTON,

Senior

Dismissed by unpublished per curiam opinion.

Douglas G. Whitfield, Appellant Pro Se. Clarence Joe DelForge,
III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Douglas Gene Whitfield seeks to appeal the district
court’s

order

petition.

denying

relief

on

his

28

U.S.C.

(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.

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 Whitfield has not made the requisite showing.

Accordingly,

we deny leave to proceed in forma pauperis, deny a certificate
of appealability, 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

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