Michael Grace v. Eddie Buffaloe
Michael Grace v. Eddie Buffaloe
Opinion
USCA4 Appeal: 24-6949 Doc: 15 Filed: 12/27/2024 Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 24-6946
MICHAEL JERMAINE GRACE,
Petitioner - Appellant,
v.
EDDIE BUFFALOE,
Respondent - Appellee.
No. 24-6948
MICHAEL JERMAINE GRACE,
Petitioner - Appellant,
v.
EDDIE BUFFALOE,
Respondent - Appellee.
No. 24-6949
MICHAEL JERMAINE GRACE,
Petitioner - Appellant, USCA4 Appeal: 24-6949 Doc: 15 Filed: 12/27/2024 Pg: 2 of 3
v.
EDDIE BUFFALOE,
Respondent - Appellee.
Appeals from the United States District Court for the Middle District of North Carolina, at Greensboro. Loretta C. Biggs, District Judge. (1:22-cv-00976-LCB-JEP; 1:22-cv-00977- LCB-JEP; 1:22-cv-00978-LCB-JEP)
Submitted: December 19, 2024 Decided: December 27, 2024
Before KING and BERNER, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Michael Jermaine Grace, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
2 USCA4 Appeal: 24-6949 Doc: 15 Filed: 12/27/2024 Pg: 3 of 3
PER CURIAM:
Michael Jermaine Grace seeks to appeal the district court’s orders accepting the
recommendations of the magistrate judge and denying relief on Grace’s
28 U.S.C. § 2254petitions. 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). 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). When the district court denies relief on the merits, a prisoner satisfies this
standard by demonstrating that reasonable jurists could find the district court’s assessment
of the constitutional claims debatable or wrong. See Buck v. Davis,
580 U.S. 100, 115-17(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 records to the issues raised in Grace’s informal briefs,
we conclude that Grace 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 Grace’s motions to appoint counsel, deny a certificate of
appealability, and dismiss the appeals. 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
3
Reference
- Status
- Unpublished