Hillary Boyce v. Frank Perry
Filing
UNPUBLISHED PER CURIAM OPINION filed.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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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
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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
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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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