Hillary Boyce v. Frank Perry

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UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999443950-2], updating certificate of appealability status; denying Motion to proceed in forma pauperis (FRAP 24) [999457467-2] Originating case number: 5:13-hc-02255-F Copies to all parties and the district court/agency. [999528909]. Mailed to: Hillary Boyce. [14-7416]

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Appeal: 14-7416 Doc: 12 Filed: 02/13/2015 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-7416 HILLARY BOYCE, a/k/a Charles Wharton, Petitioner – Appellant, v. FRANK PERRY, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:13-hc-02255-F) Submitted: February 10, 2015 Decided: February 13, 2015 Before DUNCAN, FLOYD, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Hillary Boyce, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 14-7416 Doc: 12 Filed: 02/13/2015 Pg: 2 of 3 PER CURIAM: Hillary order dismissing petition. or Boyce judge as to untimely appeal his 28 the district U.S.C. court’s § 2254 (2012) The order is not appealable unless a circuit justice issues a certificate § 2253(c)(1)(A) (2012). issue seeks absent “a appealability. 28 U.S.C. A certificate of appealability will not substantial constitutional right.” of 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 Boyce has not made the requisite showing. Accordingly, we deny Boyce’s motion for a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. dispense with oral argument because 2 the facts and We legal Appeal: 14-7416 Doc: 12 contentions are Filed: 02/13/2015 adequately Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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