Robert K. Stewart v. Frank Perry
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999945849-2]; denying Motion certificate of appealability (Local Rule 22(a)) [999934364-2] Originating case number: 1:15-cv-00435-LCB-JEP Copies to all parties and the district court/agency. . Mailed to: Robert K. Stewart LANESBORO CORRECTIONAL INSTITUTION P. O. Box 280 Polkton, NC 28135-0000. [16-7257]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
ROBERT K. STEWART,
Petitioner – Appellant,
Respondent - Appellee.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
Loretta C. Biggs,
District Judge. (1:15-cv-00435-LCB-JEP)
January 24, 2017
February 9, 2017
Before MOTZ and FLOYD, Circuit Judges, and DAVIS, Senior Circuit
Dismissed by unpublished per curiam opinion.
Robert K. Stewart, Appellant Pro Se. Clarence Joe DelForge, III,
NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina,
Unpublished opinions are not binding precedent in this circuit.
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order accepting the recommendation of the magistrate judge and
denying relief on his 28 U.S.C. § 2254 (2012) petition.
order is not appealable unless a circuit justice or judge issues
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
(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.
We have independently reviewed the record and conclude that
Stewart has not made the requisite showing.
deny Stewart’s motion for a certificate of appealability, deny
leave to proceed in forma pauperis, and dismiss the appeal.
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this court and argument would not aid the decisional process.
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