Steve Morrison v. State of North Carolina

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999569756-2], updating certificate of appealability status. Originating case number: 3:15-cv-00093-FDW. Copies to all parties and the district court/agency. [999588739]. Mailed to: Steve Morrison. [15-6448]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6448

STEVE D. MORRISON,
Petitioner - Appellant,
v.
STATE OF NORTH CAROLINA,
Respondent - Appellee.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Frank D. Whitney,
Chief District Judge. (3:15-cv-00093-FDW)

Submitted:

May 19, 2015

Decided:

May 22, 2015

Before NIEMEYER and HARRIS, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Steve Morrison, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Steve Morrison seeks to appeal the district court’s order
dismissing

his

28

U.S.C.

§ 2254

unauthorized successive petition.
unless

a

circuit

appealability.

justice

or

(2012)

petition

as

an

The order is not appealable

judge

issues

a

certificate

28 U.S.C. § 2253(c)(1)(A) (2012).

of

A certificate

of appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
(2012).

28 U.S.C. § 2253(c)(2)

When the district court denies relief on the merits, a

prisoner

satisfies

this

jurists

would

reasonable

standard
find

by

that

demonstrating

the

district

that

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).
denies

relief

demonstrate

both

on

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

ruling

must
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
Morrison has not made the requisite showing.

Accordingly, we

deny a certificate of appealability, deny leave to proceed in
forma pauperis, and dismiss the appeal.

We dispense with oral

argument because the facts and legal contentions are adequately

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presented in the materials before this court and argument would
not aid the decisional process.

DISMISSED

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