Nathan Long v. David Ballard

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999290732-2]; denying Motion to proceed in forma pauperis (FRAP 24) [999290730-2] Originating case number: 2:13-cv-00026-JPB-JES Copies to all parties and the district court/agency. [999386698]. Mailed to: appellant. [14-6158]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6158

NATHAN LONG,
Petitioner – Appellant,
v.
DAVID BALLARD, Warden,
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-00026-JPB-JES)

Submitted:

June 26, 2014

Decided:

July 1, 2014

Before WILKINSON, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Nathan Long, Appellant Pro Se. Silas B. Taylor, Laura Young,
OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston,
West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Nathan Long seeks to appeal the district court’s order
accepting in part the recommendation of the magistrate judge and
denying relief on Long’s 28 U.S.C. § 2254 (2012) petition.

The

order is not appealable unless a circuit justice or judge issues
a

certificate

(2012).

of

appealability.

28

U.S.C.

§ 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
satisfies

jurists

would

of

the

v.

McDaniel,

Slack

this

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 Long has not made the requisite showing.
deny

Long’s

motion

for

a

certificate

of

Accordingly, we

appealability,

deny

leave to proceed in forma pauperis, and dismiss the appeal.
dispense

with

oral

argument

because
2

the

facts

and

We

legal

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contentions

are

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adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3