Chad Williams v. David Mitchell

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999756767-2] in 16-6143, denying Motion to proceed in forma pauperis (FRAP 24) [1000060867-2] in 17-6228; denying Motion to appoint/assign counsel [1000048693-2] in 17-6228 Originating case number: 5:15-hc-02105-D Copies to all parties and the district court/agency. [1000083862]. Mailed to: Chad Williams. [16-6143, 17-6228]

Appeal: 16-6143

Doc: 12

Filed: 05/18/2017

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6143

CHAD LAMONT WILLIAMS,
Petitioner - Appellant,
v.
DAVID MITCHELL,
Respondent - Appellee.

No. 17-6228

CHAD LAMONT WILLIAMS,
Petitioner - Appellant,
v.
DAVID MITCHELL,
Respondent - Appellee.

Appeals from the United States District Court for the Eastern District of North Carolina,
at Raleigh. James C. Dever III, Chief District Judge. (5:15-hc-02105-D)

Submitted: May 12, 2017

Decided: May 18, 2017

Appeal: 16-6143

Doc: 12

Filed: 05/18/2017

Pg: 2 of 3

Before SHEDD and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Chad Lamont Williams, 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Unpublished opinions are not binding precedent in this circuit.

2

Appeal: 16-6143

Doc: 12

Filed: 05/18/2017

Pg: 3 of 3

PER CURIAM:
Chad Lamont Williams seeks to appeal the district court’s orders dismissing his
28 U.S.C. § 2254 (2012) petition. The orders are not appealable unless a circuit justice or
judge issues a certificate of appealability.

28 U.S.C. § 2253(c)(1)(A) (2012).

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). When the district court denies
relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable
jurists would find that the district 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).

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 Williams has not
made the requisite showing. Accordingly, we deny a certificate of appealability, deny
Williams’ requests for leave to proceed in forma pauperis, deny his motion to appoint
counsel, and dismiss the appeals. 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