Neil Williams v. David Ballard

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [999219396-2], updating certificate of appealability status Originating case number: 2:13-cv-00054-JPB-DJJ Copies to all parties and the district court/agency. [999263951]. Mailed to: Neil Williams. [13-7584]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-7584

NEIL WILLIAMS,
Petitioner - Appellant,
v.
DAVID BALLARD,
Respondent - Appellee.

Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins.
John Preston Bailey,
Chief District Judge. (2:13-cv-00054-JPB-DJJ)

Submitted:

December 17, 2013

Decided:

December 20, 2013

Before KING, GREGORY, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Neil Jason Williams, Appellant Pro Se. Christopher S. Dodrill,
OFFICE OF THE ATTORNEY GENERAL, Charleston, West Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Neil

Williams

seeks

to

appeal

the

district

court’s

order accepting the recommendation of the magistrate judge and
denying

relief

on

his

28

successive but unauthorized.
a

circuit

justice

appealability.

or

U.S.C.

§

2254

(2006)

petition

as

The order is not appealable unless
judge

issues

a

certificate

28 U.S.C. § 2253(c)(1)(A) (2006).

of

A certificate

of appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
(2006).

28 U.S.C. § 2253(c)(2)

When the district court denies relief on the merits, a

prisoner

satisfies

this

jurists

would

reasonable

standard
find

by

that

demonstrating

the

district

that

court’s

assessment of the constitutional claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v.
Cockrell, 537 U.S. 322, 336-38 (2003).
denies

relief

demonstrate

both

on

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

ruling

must
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 Williams has not made the requisite showing.

Accordingly,

we deny a certificate of appealability and dismiss the appeal.
We deny Williams’ motion for counsel.

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