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Steve Morrison v. State of North Carolina, 15-6448 (2015)

Court: Court of Appeals for the Fourth Circuit Number: 15-6448 Visitors: 30
Filed: May 22, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6448 STEVE D. MORRISON, Petitioner - Appellant, v. STATE OF NORTH CAROLINA, Respondent - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, Chief District Judge. (3:15-cv-00093-FDW) Submitted: May 19, 2015 Decided: May 22, 2015 Before NIEMEYER and HARRIS, Circuit Judges, and DAVIS, Senior Circuit Judge. Dismissed by unpublished per curiam opinio
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                            UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT


                            No. 15-6448


STEVE D. MORRISON,

                Petitioner - Appellant,

          v.

STATE OF NORTH CAROLINA,

                Respondent - Appellee.



Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Frank D. Whitney,
Chief District Judge. (3:15-cv-00093-FDW)


Submitted:   May 19, 2015                  Decided:   May 22, 2015


Before NIEMEYER and HARRIS, Circuit Judges, and DAVIS, Senior
Circuit Judge.


Dismissed by unpublished per curiam opinion.


Steve Morrison, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

     Steve Morrison seeks to appeal the district court’s order

dismissing       his     28    U.S.C.        § 2254    (2012)          petition     as     an

unauthorized successive petition.                   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

Morrison 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



                                              2
presented in the materials before this court and argument would

not aid the decisional process.



                                                      DISMISSED




                                  3

Source:  CourtListener

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