Charles A. Williams v. Suzanne Matthew

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [999970056-2] Originating case number: 5:14-hc-02215-FL Copies to all parties and the district court/agency. [1000027921]. Mailed to: Charles A. Williams SCOTLAND CORRECTIONAL INSTITUTION 22385 McGirt's Bridge Road Laurinburg, NC 28353. [16-7533]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7533

CHARLES A. WILLIAMS,
Petitioner - Appellant,
v.
SUZANNE MATTHEWS,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Louise W. Flanagan,
District Judge. (5:14-hc-02215-FL)

Submitted:

February 16, 2017

Decided:

February 22, 2017

Before GREGORY, Chief Judge, DUNCAN, Circuit Judge, and HAMILTON,
Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Charles A. Williams, Appellant Pro Se.
Clarence Joe DelForge,
III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Charles A. Williams seeks to appeal the district court’s
orders dismissing as untimely his 28 U.S.C. § 2254 (2012) petition
and denying his Fed. R. Civ. P. 59(e) motion.

The orders are not

appealable unless a circuit justice or judge issues a certificate
of appealability. 28 U.S.C. § 2253(c)(1)(A) (2012). A certificate
of appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
(2012).

28 U.S.C. § 2253(c)(2)

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 (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

Williams’

informal appellate brief, and we conclude that Williams has not
made the requisite showing.

Accordingly, we deny Williams’ motion

for appointment of counsel, deny a certificate of appealability,
and dismiss the appeal.

We dispense with oral argument because

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the facts and legal contentions are adequately presented in the
materials

before

this

court

and

argument

would

not

aid

the

decisional process.
DISMISSED

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