Filed: May 27, 2010
Latest Update: Feb. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6056 WILLIE CLARENCE ALSTON, Petitioner – Appellant, v. ALVIN W. KELLER, Respondent – Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:09-hc-02038-FL) Submitted: May 20, 2010 Decided: May 27, 2010 Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Willie Clarence Alston,
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6056 WILLIE CLARENCE ALSTON, Petitioner – Appellant, v. ALVIN W. KELLER, Respondent – Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:09-hc-02038-FL) Submitted: May 20, 2010 Decided: May 27, 2010 Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Willie Clarence Alston, ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-6056
WILLIE CLARENCE ALSTON,
Petitioner – Appellant,
v.
ALVIN W. KELLER,
Respondent – Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan,
Chief District Judge. (5:09-hc-02038-FL)
Submitted: May 20, 2010 Decided: May 27, 2010
Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Willie Clarence Alston, Appellant Pro Se. Mary Carla Hollis,
Assistant Attorney General, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Willie Clarence Alston seeks to appeal the district
court’s order denying relief on his 28 U.S.C. § 2254 (2006)
petition and denying his application for a certificate of
appealability. The district court’s order dismissing Alston’s
§ 2254 petition is not appealable unless a circuit justice or
judge issues a certificate of appealability. See 28 U.S.C.
§ 2253(c)(1) (2006). 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) (2006). 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 Alston has not made the requisite showing.
Accordingly, we deny Alston’s motion for leave to proceed in
forma pauperis, deny a certificate of appealability and dismiss
the appeal. We dispense with oral argument because the facts
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and legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional
process.
DISMISSED
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