Anthony Townsend v. Renoice Stancil, No. 13-6398 (4th Cir. 2013)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6398 ANTHONY TOWNSEND, Petitioner - Appellant, v. RENOICE STANCIL, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:12-hc-02086-BO) Submitted: July 18, 2013 Decided: July 23, 2013 Before WILKINSON, MOTZ, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Anthony Townsend, Appellant Assistant Attorney General, Appellee. Pro Se. Raleigh, Mary North Carla Hollis, Carolina, for Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Anthony Townsend seeks to appeal the district court s order denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate § 2253(c)(1)(A) (2006). issue absent a of appealability. 28 U.S.C. A certificate of appealability will not substantial constitutional right. See 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 Townsend has not made the requisite showing. Accordingly, we deny Townsend s motion for appointment of counsel, deny leave to proceed in forma pauperis, deny appealability, and dismiss the appeal. a certificate of We dispense with oral argument because the facts and legal contentions are adequately 2 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3
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