Filed: Nov. 20, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7099 GEORGE NAPOLEON MOSES, a/k/a George N. Moses, Petitioner - Appellant, v. WARDEN WILLIE EAGLETON, Respondent – Appellee, and WARDEN JOSEPH MCFADDEN, Respondent. Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:14-cv-02894-RBH) Submitted: November 17, 2015 Decided: November 20, 2015 Before SHEDD, DUNCAN, and DIAZ, Circuit Judges. Dismissed
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7099 GEORGE NAPOLEON MOSES, a/k/a George N. Moses, Petitioner - Appellant, v. WARDEN WILLIE EAGLETON, Respondent – Appellee, and WARDEN JOSEPH MCFADDEN, Respondent. Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:14-cv-02894-RBH) Submitted: November 17, 2015 Decided: November 20, 2015 Before SHEDD, DUNCAN, and DIAZ, Circuit Judges. Dismissed b..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7099
GEORGE NAPOLEON MOSES, a/k/a George N. Moses,
Petitioner - Appellant,
v.
WARDEN WILLIE EAGLETON,
Respondent – Appellee,
and
WARDEN JOSEPH MCFADDEN,
Respondent.
Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:14-cv-02894-RBH)
Submitted: November 17, 2015 Decided: November 20, 2015
Before SHEDD, DUNCAN, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
George N. Moses, Appellant Pro Se. Donald John Zelenka, Senior
Assistant Attorney General, Kaycie Smith Timmons, Assistant
Attorney General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
George Napoleon Moses seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
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. 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
Moses has not made the requisite showing. Accordingly, we deny
a certificate of appealability, deny leave to proceed in forma
pauperis, deny Moses’ motions to appoint counsel, 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 this court and argument would not aid the decisional
process.
DISMISSED
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