John Edward Kuplen v. Frank Perry
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:14-cv-00078-WO-LPA Copies to all parties and the district court/agency. [999610763]. Mailed to: Kuplen. [15-6161]
Appeal: 15-6161
Doc: 9
Filed: 06/29/2015
Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6161
JOHN EDWARD KUPLEN,
Petitioner – Appellant,
v.
FRANK PERRY,
Respondent - Appellee.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
William L. Osteen,
Jr., Chief District Judge. (1:14-cv-00078-WO-LPA)
Submitted:
June 25, 2015
Decided:
June 29, 2015
Before GREGORY, FLOYD, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John Edward Kuplen, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 15-6161
Doc: 9
Filed: 06/29/2015
Pg: 2 of 3
PER CURIAM:
John Edward Kuplen seeks to appeal the district court’s orders
accepting the recommendation of the magistrate judge and denying
relief on Kuplen’s 28 U.S.C. § 2254 (2012) petition relating to a
prison disciplinary conviction and denying his motion to alter or
amend.
judge
The orders are not appealable unless a circuit justice or
issues
a
certificate
§ 2253(c)(1)(A) (2012).
issue
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
(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
Kuplen has not made the requisite showing.
Accordingly, we deny
a certificate of appealability and dismiss the appeal. We dispense
with oral argument because the facts and legal contentions are
2
Appeal: 15-6161
Doc: 9
adequately
Filed: 06/29/2015
presented
in
the
Pg: 3 of 3
materials
before
this
court
and
argument would not aid the decisional process.
DISMISSED
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?