Keith Sears v. Susan White
Filing
UNPUBLISHED PER CURIAM OPINION filed - COA denied, granting Motion to amend/correct [999778694-2]; denying Motion to proceed in forma pauperis (FRAP 24) [999752029-2]; denying Motion to appoint/assign counsel [999788945-2].Originating case number: 5:14-hc-02230-D Copies to all parties and the district court. [999804162]. Mailed to: Keith Sears. [16-6034]
Appeal: 16-6034
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6034
KEITH JAMES SEARS,
Petitioner - Appellant,
v.
SUSAN WHITE,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever, III,
Chief District Judge. (5:14-hc-02230-D)
Submitted:
April 21, 2016
Decided:
April 26, 2016
Before WILKINSON, KING, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Keith James Sears, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Keith
James
Sears
seeks
to
appeal
the
district
court’s
order denying the various postjudgment motions Sears filed in
his
28
U.S.C.
§ 2254
appealable
unless
certificate
of
(2012).
a
(2012)
proceeding.
circuit
justice
appealability.
See
28
The
or
order
judge
U.S.C.
is
issues
not
a
§ 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
prisoner
reasonable
assessment
wrong.
When the district court denies
Slack
satisfies
jurists
this
would
of
the
v.
McDaniel,
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
Sears has not made the requisite showing.
Accordingly, although
we grant Sears’ motion to amend his informal brief, we deny a
certificate of appealability, deny leave to proceed on appeal in
forma pauperis, and dismiss the appeal.
2
We also deny Sears’
Appeal: 16-6034
motion
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for
Filed: 04/26/2016
appointment
of
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counsel.
We
dispense
with
oral
argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED
3
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