John Lewis Wray, Jr. v. Frank L. Perry


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999917898-2] Originating case number: 1:16-cv-00055-FDW Copies to all parties and the district court/agency. [1000005250]. Mailed to: John Lewis Wray Jr. SCOTLAND CORRECTIONAL INSTITUTION 22385 McGirt's Bridge Road Laurinburg, NC 28353. [16-7107]

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Appeal: 16-7107 Doc: 17 Filed: 01/18/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7107 JOHN LEWIS WRAY, JR., Petitioner - Appellant, v. FRANK L. PERRY, Respondent - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Frank D. Whitney, Chief District Judge. (1:16-cv-00055-FDW) Submitted: December 16, 2016 Decided: January 18, 2017 Before KING, AGEE, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. John Lewis Wray, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-7107 Doc: 17 Filed: 01/18/2017 Pg: 2 of 3 PER CURIAM: John Lewis Wray, Jr., seeks to appeal the district court’s order dismissing petition. or judge as successive 28 U.S.C. § 2254 (2012) The order is not appealable unless a circuit justice issues a certificate § 2253(c)(1)(A) (2012). issue his absent “a appealability. 28 U.S.C. A certificate of appealability will not substantial constitutional right.” of showing of the denial 28 U.S.C. § 2253(c)(2) (2012). of a 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 Wray has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately 2 Appeal: 16-7107 Doc: 17 Filed: 01/18/2017 Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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