David Simpson v. Larry Dail, No. 10-7399 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7399 DAVID EZEL SIMPSON, Petitioner - Appellant, v. LARRY DAIL, Superintendent, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:09-hc-02109-FL) Submitted: April 7, 2011 Decided: April 27, 2011 Before MOTZ, GREGORY, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. David Ezel Simpson, Appellant Pro Se. Mary Carla Hollis, Assistant Attorney General, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: David Ezel Simpson, a state prisoner, seeks to appeal the district court s order denying relief on his 28 U.S.C.A. § 2241 (West 2006 & Supp. 2010) petition. appealable unless a circuit certificate of issues a 28 U.S.C. § 2253(c)(1) (2006). certificate of appealability. justice The order is not A appealability will or judge not issue absent a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2) (2006). relief on the demonstrating district debatable merits, that court s or a When the district court denies prisoner reasonable assessment wrong. Slack satisfies jurists this would of the v. McDaniel, standard find that U.S. the claims constitutional 529 by is 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (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 the 484-85. conclude that We have Simpson independently has not made reviewed the record requisite and 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 2 before the court and argument would not aid the decisional process. DISMISSED 3
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