Filed: Jul. 05, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6142 BOBBY RAY GRADY, Petitioner - Appellant, v. NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:16-hc-02100-FL) Submitted: June 22, 2018 Decided: July 5, 2018 Before NIEMEYER, AGEE, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Bobby Ray Gr
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6142 BOBBY RAY GRADY, Petitioner - Appellant, v. NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:16-hc-02100-FL) Submitted: June 22, 2018 Decided: July 5, 2018 Before NIEMEYER, AGEE, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Bobby Ray Gra..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-6142
BOBBY RAY GRADY,
Petitioner - Appellant,
v.
NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Louise W. Flanagan, District Judge. (5:16-hc-02100-FL)
Submitted: June 22, 2018 Decided: July 5, 2018
Before NIEMEYER, AGEE, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Bobby Ray Grady, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Bobby Ray Grady seeks to appeal the district court’s orders denying his Rule
59(e) motions in his 28 U.S.C. § 2254 (2012) proceeding. 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 Grady has not made
the requisite showing. Accordingly, we deny a certificate of appealability and dismiss
the appeal. We deny Grady’s motions to incorporate documents and for a transcript as
moot. We further deny Grady’s motion to inspect the record. 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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