Filed: Aug. 07, 2013
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6397 STANLEY LORENZO WILLIAMS, Petitioner - Appellant, v. SIDNEY HARKLEROAD, Superintendent; THEODIS BECK, Secretary of Corrections, Respondents - Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, District Judge. (1:03-cv-00299-TDS-PTS) Submitted: July 31, 2013 Decided: August 7, 2013 Before KING, GREGORY, and DAVIS, Circuit Judges. Dismiss
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6397 STANLEY LORENZO WILLIAMS, Petitioner - Appellant, v. SIDNEY HARKLEROAD, Superintendent; THEODIS BECK, Secretary of Corrections, Respondents - Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, District Judge. (1:03-cv-00299-TDS-PTS) Submitted: July 31, 2013 Decided: August 7, 2013 Before KING, GREGORY, and DAVIS, Circuit Judges. Dismisse..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6397
STANLEY LORENZO WILLIAMS,
Petitioner - Appellant,
v.
SIDNEY HARKLEROAD, Superintendent; THEODIS BECK, Secretary
of Corrections,
Respondents - Appellees.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas D. Schroeder,
District Judge. (1:03-cv-00299-TDS-PTS)
Submitted: July 31, 2013 Decided: August 7, 2013
Before KING, GREGORY, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Stanley Lorenzo Williams, Appellant Pro Se. Sandra Wallace-
Smith, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Stanley Lorenzo Williams seeks to appeal the district
court’s order denying his motion for leave to file a “Motion for
Leave to File a Rule (6) FRCP Motion to Enlarge Time to File
Amendments/An Additional Constitutional Claim Pursuant to Graham
v. Florida
130 S.C. 2011 176 LEd 2d 825 (2010).” The order is
not appealable unless a circuit justice or judge issues a
certificate of appealability. 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 Williams has not made the requisite showing. Accordingly,
we deny a certificate of appealability, deny leave to proceed in
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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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