Filed: Aug. 30, 2013
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6526 STANLEY LORENZO WILLIAMS, Petitioner - Appellant, v. ROBERT W. SMITH; THEODIS BECK, Respondents - Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, District Judge. (1:07-cv-00828-TDS-WWD) Submitted: August 27, 2013 Decided: August 30, 2013 Before KING, GREGORY, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Sta
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6526 STANLEY LORENZO WILLIAMS, Petitioner - Appellant, v. ROBERT W. SMITH; THEODIS BECK, Respondents - Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, District Judge. (1:07-cv-00828-TDS-WWD) Submitted: August 27, 2013 Decided: August 30, 2013 Before KING, GREGORY, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Stan..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6526
STANLEY LORENZO WILLIAMS,
Petitioner - Appellant,
v.
ROBERT W. SMITH; THEODIS BECK,
Respondents - Appellees.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas D. Schroeder,
District Judge. (1:07-cv-00828-TDS-WWD)
Submitted: August 27, 2013 Decided: August 30, 2013
Before KING, GREGORY, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Stanley Lorenzo Williams, Appellant Pro Se. Mary Carla Hollis,
Assistant Attorney General, Clarence Joe DelForge, III, 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Unpublished opinions are not binding precedent in this circuit.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 several post-judgment filings in his 28
U.S.C. § 2254 (2006) proceeding. 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 Williams’ motion for a certificate of appealability and
dismiss the appeal. We dispense with oral argument because the
facts and legal contentions are adequately presented in the
2
materials before this court and argument would not aid the
decisional process.
DISMISSED
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