Jerome Yarn, Jr. v. Willard Hall
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for transcript at government expense [999373256-2] Originating case number: 5:12-hc-02272-F Copies to all parties and the district court/agency. [999443742]. Mailed to: Yarn. [14-6633]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6633
JEROME YARN, JR.,
Petitioner – Appellant,
v.
WILLARD HALL,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:12-hc-02272-F)
Submitted:
September 23, 2014
Before NIEMEYER and
Senior Circuit Judge.
GREGORY,
Decided: September 26, 2014
Circuit
Judges,
and
HAMILTON,
Dismissed by unpublished per curiam opinion.
Jerome Yarn, Jr., 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Unpublished opinions are not binding precedent in this circuit.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:
Jerome Yarn, Jr., seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2254 (2012) petition.
The order is not appealable unless a circuit justice or judge
issues
a
certificate
§ 2253(c)(1)(A) (2012).
issue
absent
“a
of
appealability.
28
U.S.C.
A certificate of appealability will not
substantial
constitutional right.”
See
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 motion 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 Yarn has not made the requisite showing.
deny
a
motion
for
transcript at Government expense, and dismiss the appeal.
We
dispense
certificate
with
oral
of
appealability,
argument
because
2
deny
Accordingly, we
the
Yarn’s
facts
and
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
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