UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18-6618

ALFUTIR KAREEM IDEEN MAYWEATHER,

Petitioner - Appellant,

v.

STATE OF NORTH CAROLINA,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (5:16-hc-02251-BR)

Submitted: October 25, 2018 Decided: November 5, 2018

Before DUNCAN, AGEE, and RICHARDSON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Alfutir Kareem Ideen Mayweather, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Alfutir Kareem Ideen Mayweather seeks to appeal the district court’s order

denying relief on his

(2012) petition. The order is not appealable

unless a circuit justice or judge issues a certificate of appealability.

(c)(1)(A) (2012). A certificate of appealability will not issue absent “a substantial

showing of the denial of a constitutional right.”

(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,

(2000); see Miller-El v. Cockrell,

(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,

.

We have independently reviewed the record and conclude that Mayweather has

not made the requisite showing. 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 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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