Filed: Mar. 13, 2020
Latest Update: Mar. 13, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7669 TIMOTHY NEAL PRINCE, Petitioner - Appellant, v. HARVEY CLAY, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (5:18-hc-02309-BO) Submitted: March 10, 2020 Decided: March 13, 2020 Before NIEMEYER and AGEE, Circuit Judges, and SHEDD, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Timothy
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7669 TIMOTHY NEAL PRINCE, Petitioner - Appellant, v. HARVEY CLAY, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (5:18-hc-02309-BO) Submitted: March 10, 2020 Decided: March 13, 2020 Before NIEMEYER and AGEE, Circuit Judges, and SHEDD, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Timothy ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-7669
TIMOTHY NEAL PRINCE,
Petitioner - Appellant,
v.
HARVEY CLAY,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Terrence W. Boyle, Chief District Judge. (5:18-hc-02309-BO)
Submitted: March 10, 2020 Decided: March 13, 2020
Before NIEMEYER and AGEE, Circuit Judges, and SHEDD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Timothy Neal Prince, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Timothy Neal Prince seeks to appeal the district court’s order denying relief on his
28 U.S.C. § 2254 (2018) 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) (2018). 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) (2018). When the district court denies relief
on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists
would find the district court’s assessment of the constitutional claims 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)).
We have independently reviewed the record and conclude that Prince 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 contentions are
adequately presented in the materials before this court and argument would not aid the
decisional process.
DISMISSED
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