Otto Normand v. B. Well
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999593823-2]. Originating case number: 5:14-hc-02256-BO. Copies to all parties and the district court/agency . Mailed to: Otto Gary Normand. [15-6774]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
OTTO GARY NORMAND,
Petitioner - Appellant,
B. WELLS, Superintendent,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:14-hc-02256-BO)
January 29, 2016
February 16, 2016
Before DUNCAN, KEENAN, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Otto Gary Normand, Appellant Pro Se.
Roy Cooper, Attorney
General, Clarence Joe DelForge, III, NORTH CAROLINA DEPARTMENT
OF JUSTICE, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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order denying as untimely his 28 U.S.C. § 2254 (2012) petition.
The order is not appealable unless a circuit justice or judge
§ 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
find that the district court’s assessment of the constitutional
claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473,
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.
529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Normand has not made the requisite showing.
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.
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