William MacDonald v. Tim Moose
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [999482556-2]; denying Motion to proceed in forma pauperis (FRAP 24) [999454625-2] Originating case number: 1:09-cv-01047-GBL-TRJ Copies to all parties and the district court/agency. [999591353]. Mailed to: William Scott MacDonald. [14-7326]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7326
WILLIAM SCOTT MACDONALD,
Petitioner - Appellant,
v.
TIM MOOSE,
Respondent – Appellee,
and
KEITH HOLDER,
Respondent.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (1:09-cv-01047-GBL-TRJ)
Submitted:
January 22, 2015
Decided:
May 28, 2015
Before MOTZ, KING, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
William Scott MacDonald, Appellant Pro Se.
III, OFFICE OF THE ATTORNEY GENERAL OF
Virginia, for Appellee.
Robert H. Anderson,
VIRGINIA, Richmond,
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
William Scott MacDonald seeks to appeal the district
court’s
order
denying
relief
on
his
28
U.S.C.
§ 2254
(2012)
petition as it pertained to his Virginia misdemeanor conviction
for contributing to the delinquency of a minor.
not
appealable
unless
a
circuit
certificate of appealability.
A
certificate
of
justice
or
The order is
judge
issues
a
28 U.S.C. § 2253(c)(1)(A) (2012).
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 MacDonald has not made the requisite showing.
Accordingly,
we deny a certificate of appealability, deny leave to proceed in
forma pauperis, deny appointment of counsel, and dismiss the
2
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appeal.
legal
before
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We dispense with oral argument because the facts and
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
DISMISSED
3
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