Filed: Aug. 23, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6802 GREGORY COOPER, Petitioner - Appellant, v. KATY POOLE; STATE OF NORTH CAROLINA, Respondent - Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., District Judge. (1:18-cv-00496-WO-JLW) Submitted: August 20, 2019 Decided: August 23, 2019 Before FLOYD and RUSHING, Circuit Judges, and SHEDD, Senior Circuit Judge. Dismissed by unpublished
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6802 GREGORY COOPER, Petitioner - Appellant, v. KATY POOLE; STATE OF NORTH CAROLINA, Respondent - Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., District Judge. (1:18-cv-00496-WO-JLW) Submitted: August 20, 2019 Decided: August 23, 2019 Before FLOYD and RUSHING, Circuit Judges, and SHEDD, Senior Circuit Judge. Dismissed by unpublished p..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-6802
GREGORY COOPER,
Petitioner - Appellant,
v.
KATY POOLE; STATE OF NORTH CAROLINA,
Respondent - Appellees.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. William L. Osteen, Jr., District Judge. (1:18-cv-00496-WO-JLW)
Submitted: August 20, 2019 Decided: August 23, 2019
Before FLOYD and RUSHING, Circuit Judges, and SHEDD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Gregory Cooper, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Gregory Cooper seeks to appeal the district court’s order accepting the
recommendation of the magistrate judge and dismissing as untimely 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.
See Buck v. Davis,
137 S. Ct. 759, 773-74 (2017). 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. Gonzalez v. Thaler,
565 U.S. 134, 140-41 (2012) (citing Slack v.
McDaniel,
529 U.S. 473, 484 (2000)).
Limiting our review of the record to the issues raised in Cooper’s informal brief,
we conclude that Cooper has not made the requisite showing. See 4th Cir. R. 34(b); see
also Jackson v. Lightsey,
775 F.3d 170, 177 (4th Cir. 2014) (“The informal brief is an
important document; under Fourth Circuit rules, our review is limited to issues preserved
in that brief.”). Accordingly, we deny a certificate of appealability, deny leave to proceed
in forma pauperis, and dismiss the appeal. We dispense with oral argument because the
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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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