Robert Petrick v. Cynthia Thornton


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999522001-2]; denying Motion to appoint/assign counsel [999533939-2]; denying Motion certificate of appealability (Local Rule 22(a)) [999501642-2] Originating case number: 1:09-cv-00551-LPA Copies to all parties and the district court/agency. [999599391]. Mailed to: Petrick. [14-7886]

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Appeal: 14-7886 Doc: 22 Filed: 06/10/2015 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-7886 ROBERT JAMES PETRICK, Petitioner - Appellant, v. CYNTHIA O. THORNTON, Respondent - Appellee. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. L. Patrick Auld, Magistrate Judge. (1:09-cv-00551-LPA) Submitted: May 29, 2015 Decided: June 10, 2015 Before KEENAN and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Robert James Petrick, Appellant Pro Se. Clarence Joe DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Mary Carla Babb, Assistant Attorney General, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 14-7886 Doc: 22 Filed: 06/10/2015 Pg: 2 of 3 PER CURIAM: Robert James Petrick seeks to appeal the magistrate judge’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. U.S.C. A certificate of appealability will not substantial constitutional right.” 28 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 Petrick has not made the requisite showing. Accordingly, we deny leave to proceed in forma pauperis, deny Petrick’s motions * The parties consented to proceeding to final judgment before a magistrate judge, in accordance with 28 U.S.C. § 636(c) (2012). 2 Appeal: 14-7886 for Doc: 22 appointment Filed: 06/10/2015 of Pg: 3 of 3 counsel and for appealability, and dismiss the appeal. a certificate of We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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