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Alexander Katic v. Frank Perry, 15-6536 (2015)

Court: Court of Appeals for the Fourth Circuit Number: 15-6536 Visitors: 98
Filed: Sep. 01, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6536 ALEXANDER KATIC, a/k/a Thomas A. Hanford, Petitioner - Appellant, v. FRANK PERRY, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:13-hc-02213-F) Submitted: August 27, 2015 Decided: September 1, 2015 Before GREGORY, AGEE, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Alexander K
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                               UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT


                               No. 15-6536


ALEXANDER KATIC, a/k/a Thomas A. Hanford,

                Petitioner - Appellant,

          v.

FRANK PERRY,

                Respondent - Appellee.



Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Fox, Senior
District Judge. (5:13-hc-02213-F)


Submitted:   August 27, 2015                 Decided:   September 1, 2015


Before GREGORY, AGEE, and THACKER, Circuit Judges.


Dismissed by unpublished per curiam opinion.


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Unpublished opinions are not binding precedent in this circuit.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

       Alexander Katic seeks to appeal the district court’s order

denying relief on his 28 U.S.C. § 2254 (2012) petition.                             The

order is not appealable unless a circuit justice or judge issues

a certificate of appealability.                  See 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

Katic has not made the requisite showing.                    Accordingly, we deny

Katic’s motions for appointment of counsel, a transcript at the

government’s expense, an evidentiary hearing, and a certificate

of appealability, and we dismiss the appeal.                      We dispense with

oral     argument      because    the    facts     and    legal    contentions      are

                                            2
adequately   presented   in   the   materials   before   this   court   and

argument would not aid the decisional process.

                                                                DISMISSED




                                     3

Source:  CourtListener

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