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Grant Haze, III v. Katy Poole, 18-7527 (2019)

Court: Court of Appeals for the Fourth Circuit Number: 18-7527 Visitors: 143
Filed: Sep. 17, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-7527 GRANT RUFFIN HAZE, III, Petitioner - Appellant, v. KATY POOLE, Administrator, Scotland Correctional Institution, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (5:17-hc-02026-BR) Submitted: August 29, 2019 Decided: September 17, 2019 Before FLOYD and QUATTLEBAUM, Circuit Judges, and HAMILTON, Senior Circui
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                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                       No. 18-7527


GRANT RUFFIN HAZE, III,

                     Petitioner - Appellant,

              v.

KATY POOLE, Administrator, Scotland Correctional Institution,

                     Respondent - Appellee.



Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. W. Earl Britt, Senior District Judge. (5:17-hc-02026-BR)


Submitted: August 29, 2019                                  Decided: September 17, 2019


Before FLOYD and QUATTLEBAUM, Circuit Judges, and HAMILTON, Senior Circuit
Judge.


Dismissed by unpublished per curiam opinion.


Grant Ruffin Haze, III, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.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

       Grant Ruffin Haze, III, seeks to appeal the district court’s orders dismissing his

28 U.S.C. § 2254 (2012) petition and denying his discovery motion. These orders are 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 Haze 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 presented in the materials before this

court and argument would not aid the decisional process.

                                                                                 DISMISSED




                                              2

Source:  CourtListener

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