Terrence Wright v. Butch Jackson, No. 12-7480 (4th Cir. 2013)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7480 TERRENCE LEROY WRIGHT, a/k/a Terrence Wright El, Petitioner Appellant, v. BUTCH JACKSON, Respondent - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Bryson City. Robert J. Conrad, Jr., Chief District Judge. (2:12-cv-00006-RJC) Submitted: December 12, 2012 Decided: January 3, 2013 Before AGEE, KEENAN, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Terrence Leroy Wright, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Terrence court s order petition. Leroy denying Wright relief seeks on to his 28 appeal U.S.C. district § 2254 (2006) The order is not appealable unless a circuit justice or judge issues a certificate of appealability. § 2253(c)(1)(A) (2006). issue the absent a A certificate of appealability will not substantial constitutional right. See 28 U.S.C. showing of the denial 28 U.S.C. § 2253(c)(2) (2006). of a 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 Cockrell, (2000); (2003). see Miller-El v. 537 U.S. 322, 336-38 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. 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. dispense with oral argument because 2 the facts and We legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3
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