Willie Mobley v. Superintendent Well
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999376425-2]. Originating case number: 3:13-cv-00491-FDW. Copies to all parties and the district court/agency. [999444612]. Mailed to: Appellant. [14-6634]
Appeal: 14-6634
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6634
WILLIE LEE MOBLEY,
Petitioner - Appellant,
v.
SUPERINTENDENT WELLS,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
Chief District Judge. (3:13-cv-00491-FDW)
Submitted:
September 25, 2014
Decided:
September 29, 2014
Before WILKINSON and AGEE, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Willie Lee Mobley, 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Unpublished opinions are not binding precedent in this circuit.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:
Willie Lee Mobley 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 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 Mobley has not made the requisite showing.
deny
Mobley’s
motion
dismiss the appeal.
facts
and
legal
for
a
certificate
of
Accordingly, we
appealability
and
We dispense with oral argument because the
contentions
are
2
adequately
presented
in
the
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materials
before
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this
court
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and
argument
would
not
aid
the
decisional process.
DISMISSED
3
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