Filed: Jun. 24, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6180 ARKEEM HAKIM JORDAN, Petitioner - Appellant, v. STATE OF NORTH CAROLINA, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:18-hc-02144-FL) Submitted: June 20, 2019 Decided: June 24, 2019 Before NIEMEYER, AGEE, and RICHARDSON, Circuit Judges. Dismissed by unpublished per curiam opinion. Arkeem Hakim Jordan, A
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6180 ARKEEM HAKIM JORDAN, Petitioner - Appellant, v. STATE OF NORTH CAROLINA, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:18-hc-02144-FL) Submitted: June 20, 2019 Decided: June 24, 2019 Before NIEMEYER, AGEE, and RICHARDSON, Circuit Judges. Dismissed by unpublished per curiam opinion. Arkeem Hakim Jordan, Ap..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-6180
ARKEEM HAKIM JORDAN,
Petitioner - Appellant,
v.
STATE OF NORTH CAROLINA,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Louise W. Flanagan, District Judge. (5:18-hc-02144-FL)
Submitted: June 20, 2019 Decided: June 24, 2019
Before NIEMEYER, AGEE, and RICHARDSON, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Arkeem Hakim Jordan, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Arkeem Hakim Jordan seeks to appeal the district court’s order dismissing his 28
U.S.C. § 2254 (2012) petition without prejudice as successive and unauthorized. 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 Jordan has not
made the requisite showing. Accordingly, we deny Jordan’s motion for a certificate of
appealability, deny his application and supplemental application for leave to proceed in
forma pauperis, and dismiss the appeal. We dispense with oral argument because the
facts 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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