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UNPUBLISHED PER CURIAM OPINION filed.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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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