Alonzo Greene v. Bobby Marshall

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:13-hc-02243-F Copies to all parties and the district court/agency. [999778124]. Mailed to: Alonzo Greene. [15-7317]

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Appeal: 15-7317 Doc: 13 Filed: 03/21/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7317 ALONZO GREENE, Petitioner – Appellant, v. BOBBY MARSHALL, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:13-hc-02243-F) Submitted: March 17, 2016 Decided: March 21, 2016 Before WILKINSON, NIEMEYER, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Alonzo Greene, Appellant Pro Se. Peter Andrew Regulski, Assistant Attorney General, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 15-7317 Doc: 13 Filed: 03/21/2016 Pg: 2 of 3 PER CURIAM: Alonzo Greene seeks to appeal the district court’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 of appealability. (2012). See 28 U.S.C. § 2253(c)(1)(A) A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). relief on the demonstrating district merits, that court’s debatable or a When the district court denies prisoner reasonable assessment wrong. satisfies jurists would of the v. McDaniel, Slack this standard find constitutional 529 U.S. by that the claims is 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 Greene has not made the requisite showing. a certificate dispense with of appealability oral argument and dismiss because 2 Accordingly, we deny the the appeal. facts and We legal Appeal: 15-7317 Doc: 13 contentions are Filed: 03/21/2016 adequately Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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