John Edward Kuplen v. Frank Perry
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:14-cv-00078-WO-LPA Copies to all parties and the district court/agency. . Mailed to: Kuplen. [15-6161]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
JOHN EDWARD KUPLEN,
Petitioner – Appellant,
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)
June 25, 2015
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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
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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
The orders are not appealable unless a circuit justice or
§ 2253(c)(1)(A) (2012).
A certificate of appealability will not
28 U.S.C. § 2253(c)(2) (2012).
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-
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
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argument would not aid the decisional process.
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