Filed: Apr. 26, 2016
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6034 KEITH JAMES SEARS, Petitioner - Appellant, v. SUSAN WHITE, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever, III, Chief District Judge. (5:14-hc-02230-D) Submitted: April 21, 2016 Decided: April 26, 2016 Before WILKINSON, KING, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Keith James Sears, Appellant Pr
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6034 KEITH JAMES SEARS, Petitioner - Appellant, v. SUSAN WHITE, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever, III, Chief District Judge. (5:14-hc-02230-D) Submitted: April 21, 2016 Decided: April 26, 2016 Before WILKINSON, KING, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Keith James Sears, Appellant Pro..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6034
KEITH JAMES SEARS,
Petitioner - Appellant,
v.
SUSAN WHITE,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever, III,
Chief District Judge. (5:14-hc-02230-D)
Submitted: April 21, 2016 Decided: April 26, 2016
Before WILKINSON, KING, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Keith James Sears, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Keith James Sears seeks to appeal the district court’s
order denying the various postjudgment motions Sears filed in
his 28 U.S.C. § 2254 (2012) proceeding. The order is 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
Sears has not made the requisite showing. Accordingly, although
we grant Sears’ motion to amend his informal brief, we deny a
certificate of appealability, deny leave to proceed on appeal in
forma pauperis, and dismiss the appeal. We also deny Sears’
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motion for appointment of counsel. 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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