Lacy Williams, Jr. v. State of North Carolina
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:15-hc-02069-BO Copies to all parties and the district court/agency. [999952256]. Mailed to: Lacy Lee Williams Jr. MAURY CORRECTIONAL INSTITUTION P. O. Box 506 Maury, NC 28554-0000. [16-6847]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6847
LACY LEE WILLIAMS, JR.,
Petitioner - Appellant,
v.
STATE OF NORTH CAROLINA,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:15-hc-02069-BO)
Submitted:
October 18, 2016
Decided:
October 21, 2016
Before WILKINSON, KING, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Lacy Lee Williams, Jr., 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Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Lacy
Lee
Williams,
Jr.,
seeks
to
appeal
the
district
court’s orders denying relief on his 28 U.S.C. § 2254 (2012)
petition.
The
orders
are
not
a
circuit
justice or judge issues a certificate of appealability.
See 28
U.S.C. § 2253(c)(1)(A) (2012).
appealable
unless
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
Cockrell,
(2000);
(2003).
see
Miller-El
v.
537
U.S.
322,
336-38
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 and dismiss the appeal.
dispense
with
oral
argument
because
2
the
facts
and
We
legal
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contentions
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are
adequately
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presented
in
the
materials
before
this court and argument would not aid the decisional process.
DISMISSED
3
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