Javun Massey v. Herb Jackson, No. 13-7489 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7489 JAVUN TYKEE MASSEY, Petitioner - Appellant, v. HERB L. JACKSON, Respondent - Appellee. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Catherine C. Eagles, District Judge. (1:13-cv-00080-CCE-JLW) Submitted: December 19, 2013 Decided: December 24, 2013 Before SHEDD, DAVIS, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Javun Tykee Massey, Appellant Pro Se. Clarence Joe DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Javun court s order petition. or judge Tykee Massey denying relief on to appeal the 28 U.S.C. § 2254 his district (2006) The order is not appealable unless a circuit justice issues a certificate § 2253(c)(1)(A) (2006). issue seeks absent a appealability. 28 U.S.C. A certificate of appealability will not substantial constitutional right. of 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 Massey has not made the requisite showing. Accordingly, we deny Massey 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