Michael Williams v. Carlton Joyner

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [1000082641-2], denying certificate of appealability. Originating case number: 5:15-hc-02155-D. Copies to all parties and the district court/agency. [1000141487]. Mailed to: M. Williams. [17-6536]

Appeal: 17-6536

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Filed: 08/22/2017

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 17-6536

MICHAEL RAY WILLIAMS,
Petitioner - Appellant,
v.
CARLTON JOYNER, Warden,
Respondent - Appellee.

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-02155-D)

Submitted: August 17, 2017

Before KEENAN, THACKER, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Michael Ray Williams, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Decided: August 22, 2017

Appeal: 17-6536

Doc: 10

Filed: 08/22/2017

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PER CURIAM:
Michael Ray Williams seeks to appeal the district court’s order accepting the
recommendation of the magistrate judge and dismissing his 28 U.S.C. § 2254 (2012)
petition as successive and unauthorized. The order is 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.” 28 U.S.C. § 2253(c)(2) (2012). 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 conclude that Williams has not
made the requisite showing. Accordingly, we deny a certificate of appealability, deny
leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral
argument because 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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