Xavier Shaw v. Carlton Joyner
UNPUBLISHED PER CURIAM OPINION filed denying Motion to proceed in forma pauperis (FRAP 24) [999965054-2], denying certificate of appealability. Originating case number: 5:15-hc-02174-D. Copies to all parties and the district court. . Mailed to: Xavier Shaw. [16-7373]
Pg: 1 of 3
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
XAVIER HOSEA SHAW,
Petitioner - Appellant,
CARLTON JOYNER; STATE OF NORTH CAROLINA,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever, III,
Chief District Judge. (5:15-hc-02174-D)
February 16, 2017
Before GREGORY, Chief Judge,
HAMILTON, Senior Circuit Judge.
February 21, 2017
Dismissed by unpublished per curiam opinion.
Xavier Hosea Shaw, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Pg: 2 of 3
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
Shaw has not made the requisite showing.
Accordingly, we deny a
certificate of appealability, deny leave to proceed in forma
argument because the facts and legal contentions are adequately
Pg: 3 of 3
presented in the materials before this court and argument would
not aid the decisional process.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?