James Gregory Armistead v. Brad Perritt
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999781145-2]; denying Motion to appoint/assign counsel [999787124-2]; granting Motion for leave to file [999804707-2] Originating case number: 5:15-hc-02019-F Copies to all parties and the district court/agency. . Mailed to: James G. Armistead SCOTLAND CORRECTIONAL INSTITUTION 22385 McGirt's Bridge Road Laurinburg, NC 28353. [16-6390]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
JAMES GREGORY ARMISTEAD,
Petitioner - Appellant,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:15-hc-02019-F)
August 18, 2016
September 2, 2016
Before NIEMEYER, TRAXLER, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James Gregory Armistead, Appellant Pro Se.
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Unpublished opinions are not binding precedent in this circuit.
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§ 2253(c)(1)(A) (2012).
28 U.S.C. § 2253(c)(2) (2012).
See 28 U.S.C.
A certificate of appealability will not
The order is not appealable unless a circuit justice
or judge issues a certificate of appealability.
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
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
Armistead has not made the requisite showing.
deny a certificate of appealability, deny leave to proceed in
forma pauperis, deny the motion to appoint counsel, and dismiss
We construe Armistead’s motion for leave to file an
amended complaint as a motion for leave to file an amended or
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supplemental informal brief on appeal, and we grant the motion.
this court and argument would not aid the decisional process.
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