Tracy Clark v. Alvin Keller

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for transcript at government expense [999271335-2]. Originating case number: 1:11-cv-00542-WO-LPA. Copies to all parties and the district court/agency. [999293144]. Mailed to: Appellant. [13-7499]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-7499

TRACY LAMONT CLARK,
Petitioner – Appellant,
v.
ALVIN KELLER, Secretary
Administrator, MCI,

of

Prisons;

SIDNEY

HARKLEROAD,

Respondents - Appellees.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
William L. Osteen,
Jr., Chief District Judge. (1:11-cv-00542-WO-LPA)

Submitted:

January 28, 2014

Decided:

February 7, 2014

Before AGEE, DAVIS, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Tracy Lamont Clark, Appellant Pro Se. Clarence Joe DelForge,
III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Mary Carla Hollis,
Assistant
Attorney
General,
Raleigh,
North
Carolina,
for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Tracy
court’s

order

petition.

Lamont
denying

Clark
relief

seeks
on

to

appeal

28

U.S.C.

his

district

§ 2254

(2012)

The order is not appealable unless a circuit justice

or judge issues a certificate of appealability.
§ 2253(c)(1)(A) (2012).
issue

the

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) (2012).

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 Clark has not made the requisite showing.

Accordingly, we

deny a certificate of appealability and dismiss the appeal.
also deny Clark’s motion for a transcript.
oral

argument

because

the

facts

2

and

legal

We

We dispense with
contentions

are

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adequately

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presented

in

the

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materials

before

this

court

and

argument would not aid the decisional process.
DISMISSED

3