Ronald Kappes v. Robert Hines, No. 13-8046 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-8046 RONALD MICHAEL KAPPES, Petitioner Appellant, v. ROBERT HINES, Superintendent of Wayne Correctional, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:12-hc-02195-F) Submitted: April 21, 2014 Decided: May 13, 2014 Before NIEMEYER, GREGORY, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Ronald Michael Kappes, 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 Unpublished opinions are not binding precedent in this circuit.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: Ronald Michael Kappes seeks to appeal the district court s orders denying relief on his 28 U.S.C. § 2254 (2012) petition and denying his motion to reconsider. not appealable unless a circuit certificate of appealability. A certificate of justice or The orders are judge issues a 28 U.S.C. § 2253(c)(1)(A) (2012). appealability will not issue absent a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2) (2012). relief on the demonstrating district merits, that court s debatable or a prisoner reasonable assessment wrong. When the district court denies satisfies jurists would of the v. McDaniel, Slack this standard find constitutional 529 U.S. by that the claims 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 484-85. We have independently reviewed the record and conclude that Kappes has not made the requisite showing. Accordingly, we deny Kappes 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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