Filed: Mar. 01, 2016
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7594 MARVIN W. MILLSAPS, Petitioner - Appellant, v. OLIVER WASHINGTON, Respondent - Appellee. No. 15-7601 MARVIN W. MILLSAPS, Petitioner - Appellant, v. OLIVER WASHINGTON, Respondent - Appellee. Appeals from the United States District Court for the Western District of North Carolina, at Statesville. Frank D. Whitney, Chief District Judge. (5:15-cv-00113-FDW; 5:15-cv-00114-FDW) Submitted: February 25, 2016 Decided: March 1,
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7594 MARVIN W. MILLSAPS, Petitioner - Appellant, v. OLIVER WASHINGTON, Respondent - Appellee. No. 15-7601 MARVIN W. MILLSAPS, Petitioner - Appellant, v. OLIVER WASHINGTON, Respondent - Appellee. Appeals from the United States District Court for the Western District of North Carolina, at Statesville. Frank D. Whitney, Chief District Judge. (5:15-cv-00113-FDW; 5:15-cv-00114-FDW) Submitted: February 25, 2016 Decided: March 1, 2..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7594
MARVIN W. MILLSAPS,
Petitioner - Appellant,
v.
OLIVER WASHINGTON,
Respondent - Appellee.
No. 15-7601
MARVIN W. MILLSAPS,
Petitioner - Appellant,
v.
OLIVER WASHINGTON,
Respondent - Appellee.
Appeals from the United States District Court for the Western
District of North Carolina, at Statesville. Frank D. Whitney,
Chief District Judge. (5:15-cv-00113-FDW; 5:15-cv-00114-FDW)
Submitted: February 25, 2016 Decided: March 1, 2016
Before SHEDD and HARRIS, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Marvin W. Millsaps, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Marvin W. Millsaps seeks to appeal the district court’s
orders denying relief on his 28 U.S.C. § 2254 (2012) petitions.
The orders are not appealable unless a circuit justice or judge
issues a certificate of appealability. See 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
Millsaps has not made the requisite showing. Accordingly, we
deny a certificate of appealability and dismiss the appeals. We
deny Millsaps’ motion to supplement and dispense with oral
argument because the facts and legal contentions are adequately
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presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED
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