Raymond Griffin v. Donnie Harrison


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999847322-2]; denying Motion to appoint/assign counsel [999839407-2] Originating case number: 5:15-hc-02259-FL Copies to all parties and the district court/agency. [999929952].. [16-6727]

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Appeal: 16-6727 Doc: 10 Filed: 09/15/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6727 RAYMOND GRIFFIN, Petitioner – Appellant, v. DONNIE HARRISON, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:15-hc-02259-FL) Submitted: September 13, 2016 Decided: September 15, 2016 Before TRAXLER, AGEE, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Raymond Griffin, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6727 Doc: 10 Filed: 09/15/2016 Pg: 2 of 3 PER CURIAM: Raymond Griffin seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2241 (2012) petition, and he has filed a motion to proceed in forma pauperis, as well as a motion for appointment of counsel. The district court’s order is not appealable unless a circuit justice or judge issues a certificate of appealability. A certificate of 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 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 showing. conclude that Griffin has not made the requisite Accordingly, we deny Griffin’s motion for appointment of counsel, deny the application to proceed in forma pauperis, deny a certificate of appealability, and dismiss the appeal. 2 We Appeal: 16-6727 Doc: 10 dispense with contentions are Filed: 09/15/2016 oral argument adequately Pg: 3 of 3 because presented in the the facts and legal materials before this court and argument would not aid the decisional process. DISMISSED 3

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