Terrence Wright v. Butch Jackson

U.S. Court of Appeals for the Fourth Circuit
Terrence Wright v. Butch Jackson, 502 F. App'x 339 (4th Cir. 2013)
Agee, Floyd, Keenan, Per Curiam

Terrence Wright v. Butch Jackson

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

*340 PER CURIAM:

Terrence Leroy Wright seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certifícate of ap-pealability. See 28 U.S.C. § 2253(c)(1)(A) (2006). 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) (2006). 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, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (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, 120 S.Ct. 1595.

We have independently reviewed the record and conclude that Wright has not made the requisite showing. Accordingly, we deny Wright’s motion for a certificate of appealability, deny leave to proceed in forma pauperis 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.

Reference

Full Case Name
Terrence Leroy WRIGHT, A/K/A Terrence Wright El, Petitioner-Appellant, v. Butch JACKSON, Respondent-Appellee
Cited By
2 cases
Status
Unpublished