Neil Williams v. David Ballard, No. 13-7584 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7584 NEIL WILLIAMS, Petitioner - Appellant, v. DAVID BALLARD, Respondent - Appellee. Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. John Preston Bailey, Chief District Judge. (2:13-cv-00054-JPB-DJJ) Submitted: December 17, 2013 Decided: December 20, 2013 Before KING, GREGORY, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Neil Jason Williams, Appellant Pro Se. Christopher S. Dodrill, OFFICE OF THE ATTORNEY GENERAL, Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Neil Williams seeks to appeal the district court s order accepting the recommendation of the magistrate judge and denying relief on his 28 successive but unauthorized. a circuit justice appealability. or U.S.C. § 2254 (2006) petition as The order is not appealable unless judge issues a certificate 28 U.S.C. § 2253(c)(1)(A) (2006). of A certificate of appealability will not issue absent a substantial showing of the denial of a constitutional right. (2006). 28 U.S.C. § 2253(c)(2) When the district court denies relief on the merits, a prisoner satisfies this jurists would reasonable standard find by that demonstrating the district that court s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). denies relief demonstrate both on procedural that the When the district court grounds, dispositive the prisoner procedural ruling must 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 Williams has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We deny Williams motion for counsel. 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