Filed: Jan. 03, 2013
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7480 TERRENCE LEROY WRIGHT, a/k/a Terrence Wright El, Petitioner – Appellant, v. BUTCH JACKSON, Respondent - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Bryson City. Robert J. Conrad, Jr., Chief District Judge. (2:12-cv-00006-RJC) Submitted: December 12, 2012 Decided: January 3, 2013 Before AGEE, KEENAN, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7480 TERRENCE LEROY WRIGHT, a/k/a Terrence Wright El, Petitioner – Appellant, v. BUTCH JACKSON, Respondent - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Bryson City. Robert J. Conrad, Jr., Chief District Judge. (2:12-cv-00006-RJC) Submitted: December 12, 2012 Decided: January 3, 2013 Before AGEE, KEENAN, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam o..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7480
TERRENCE LEROY WRIGHT, a/k/a Terrence Wright El,
Petitioner – Appellant,
v.
BUTCH JACKSON,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of North Carolina, at Bryson City. Robert J. Conrad,
Jr., Chief District Judge. (2:12-cv-00006-RJC)
Submitted: December 12, 2012 Decided: January 3, 2013
Before AGEE, KEENAN, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Terrence Leroy Wright, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Terrence Leroy Wright seeks to appeal the district
court’s order denying relief on his 28 U.S.C. § 2254 (2006)
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) (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 Wright has not made the requisite showing. Accordingly, we
deny Wright’s motion for 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
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contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
DISMISSED
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