Shawn Fraley v. Frank Perry

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [999735978-2] Originating case number: 1:14-cv-00947-TDS-LPA Copies to all parties and the district court/agency. [999802681]. Mailed to: Fraley. [15-7580]

Appeal: 15-7580

Doc: 13

Filed: 04/25/2016

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7580

SHAWN G. FRALEY,
Petitioner – Appellant,
v.
FRANK PERRY,
Respondent - Appellee.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas D. Schroeder,
District Judge. (1:14-cv-00947-TDS-LPA)

Submitted:

March 31, 2016

Decided:

April 25, 2016

Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Shawn G. Fraley, Appellant Pro Se. Clarence Joe DelForge, III,
NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-7580

Doc: 13

Filed: 04/25/2016

Pg: 2 of 3

PER CURIAM:
Shawn G. Fraley seeks to appeal the district court’s order
accepting the recommendation of the magistrate judge and denying
relief on his 28 U.S.C. § 2254 (2012) petition.
not

appealable

unless

a

circuit

certificate of appealability.
A

certificate

of

justice

or

The order is

judge

issues

a

28 U.S.C. § 2253(c)(1)(A) (2012).

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.

Slack

satisfies

jurists

this

would

of

the

v.

McDaniel,

standard

find

constitutional
529

by

that

the

claims

is

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
Fraley has not made the requisite showing.

Accordingly, we deny

a certificate of appealability and dismiss the appeal.
Fraley’s motion for appointment of counsel.
oral

argument

because

the

facts
2

and

legal

We deny

We dispense with
contentions

are

Appeal: 15-7580

Doc: 13

adequately

Filed: 04/25/2016

presented

in

the

Pg: 3 of 3

materials

before

this

court

and

argument would not aid the decisional process.

DISMISSED

3