George Spiker, Jr. v. Harold Clarke
Opinion
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
George H. Spiker, Jr., seeks to appeal the district court’s orders denying relief on his 28 U.S.C. § 2254 (2012) petition and denying his motion for reconsideration. See Fed. R. Civ. P. 59(e), 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, 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 Spiker 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 con *831 tentions are adequately presented 'in the materials before this court and argument would not aid the decisional process.
DISMISSED
Reference
- Full Case Name
- George H. SPIKER, Jr., Petitioner-Appellant, v. Harold W. CLARKE, Respondent-Appellee
- Status
- Unpublished