Marqueion Harrison v. Willie Davi
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999247944-2], denying Motion to proceed in forma pauperis (FRAP 24) [999246815-2]; denying for certificate of appealability Originating case number: 5:13-hc-02084-D Copies to all parties and the district court/agency. [999327125]. Mailed to: Marqueion Harrison. [13-7844]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7844
MARQUEION JAMAL HARRISON,
Petitioner - Appellant,
v.
WILLIE DAVIS,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever, III,
Chief District Judge. (5:13-hc-02084-D)
Submitted:
March 27, 2014
Before MOTZ, Circuit
Circuit Judges.
Judge,
Decided:
and
HAMILTON,
and
April 1, 2014
DAVIS,
Senior
Dismissed by unpublished per curiam opinion.
Marqueion Harrison, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Marqueion
court’s
order
Harrison
denying
seeks
relief
on
to
his
appeal
the
U.S.C.
§ 2254
28
petition because it was untimely and unexhausted.
not
appealable
certificate
(2012).
of
unless
a
circuit
appealability.
justice
See
28
or
(2012)
The order is
judge
U.S.C.
district
issues
a
§ 2253(c)(1)(A)
A certificate of appealability will not issue absent “a
substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
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 Harrison 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
2
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presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED
3
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