John Pate v. Roy Cooper
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999944567-2]; denying Motion to appoint/assign counsel [999944569-2]; denying Motion certificate of appealability (Local Rule 22(a)) [999944571-2]. Originating case number: 1:16-cv-00086-FDW. Copies to all parties and the district court/agency [999990659]. Mailed to: John E. Pate. [16-7341]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7341
JOHN E. PATE,
Petitioner – Appellant,
v.
ROY COOPER,
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-00086-FDW)
Submitted:
December 15, 2016
Decided:
December 20, 2016
Before SHEDD, DUNCAN, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John E. Pate, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
John E. Pate seeks to appeal the district court’s order
dismissing his 28 U.S.C. § 2254 (2012) petition.
not
appealable
certificate
(2012).
of
unless
a
circuit
appealability.
justice
See
28
or
The order is
judge
U.S.C.
issues
a
§ 2253(c)(1)(A)
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).
relief
on
the
demonstrating
district
merits,
that
court’s
debatable
or
a
prisoner
reasonable
assessment
wrong.
When the district court denies
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 have independently reviewed the record and conclude that
Pate has not made the requisite showing.
Accordingly, we deny
leave to proceed in forma pauperis, deny Pate’s motions for a
certificate of appealability and to appoint counsel, and dismiss
the appeal.
We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
2
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argument
would
not
aid
the
decisional
process.
DISMISSED
3
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