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Ronnie Stancil v. Roy Cooper, 16-7336 (2017)

Court: Court of Appeals for the Fourth Circuit Number: 16-7336 Visitors: 24
Filed: Jan. 20, 2017
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7336 RONNIE STANCIL, Petitioner - Appellant, v. ROY COOPER, Respondent - Appellee. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, District Judge. (1:15-cv-00879-TDS-JLW) Submitted: January 17, 2017 Decided: January 20, 2017 Before NIEMEYER, TRAXLER, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Ronnie Stancil, Appellant Pro
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                              UNPUBLISHED

                    UNITED STATES COURT OF APPEALS
                        FOR THE FOURTH CIRCUIT


                              No. 16-7336


RONNIE STANCIL,

                  Petitioner - Appellant,

          v.

ROY COOPER,

                  Respondent - Appellee.



Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas D. Schroeder,
District Judge. (1:15-cv-00879-TDS-JLW)


Submitted:    January 17, 2017              Decided:   January 20, 2017


Before NIEMEYER, TRAXLER, and KING, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Ronnie Stancil, Appellant Pro Se.    Clarence Joe DelForge, III,
Nicholaos George Vlahos, NORTH CAROLINA DEPARTMENT OF JUSTICE,
Raleigh, North Carolina, for Appellee.


Unpublished opinions are not binding precedent in this circuit.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

       Ronnie Stancil seeks to appeal the district court’s order

and    judgment     denying     relief     on    his   28    U.S.C.      § 2254    (2012)

petition.     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

Stancil has not made the requisite showing.                             Accordingly, we

deny a certificate of appealability and dismiss the appeal.                             We

dispense     with        oral   argument    because         the    facts     and   legal




                                           2
contentions   are   adequately   presented   in   the   materials   before

this court and argument would not aid the decisional process.

                                                               DISMISSED




                                   3

Source:  CourtListener

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