Charles Anthony Ball v. Mike Slagle
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999950820-2]; denying Motion to proceed in forma pauperis (FRAP 24) [999957448-2] Originating case number: 1:16-cv-00045-FDW Copies to all parties and the district court/agency. . Mailed to: Charles Anthony Ball MOUNTAIN VIEW CORRECTIONAL FACILITY 545 Amity Park Road Spruce Pine, NC 28777-0000. [16-7422]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
CHARLES ANTHONY BALL,
Petitioner – Appellant,
MIKE SLAGLE, Correctional Administrator,
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-00045-FDW)
January 17, 2017
January 20, 2017
Before NIEMEYER, TRAXLER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Charles Anthony Ball, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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Charles Anthony Ball seeks to appeal the district court’s
The order is not appealable unless a circuit justice
§ 2253(c)(1)(A) (2012).
A certificate of appealability will not
28 U.S.C. § 2253(c)(2) (2012).
district court denies relief on the merits, a prisoner satisfies
find that the district court’s assessment of the constitutional
claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473,
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.
529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Ball 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
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presented in the materials before this court and argument would
not aid the decisional process.
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