440 F. App'x 204

Debbie G. CATON, a/k/a Debbie Garvick, Petitioner—Appellant, v. Tim KIMBLE, Respondent—Appellee, and Unnamed Respondent, Respondent.

No. 11-6080.

United States Court of Appeals, Fourth Circuit.

Submitted: July 21, 2011.

Decided: July 25, 2011.

Debbie G. Catón, Appellant Pro Se. Mary Carla Hollis, Assistant Attorney General, Raleigh, North Carolina, for Ap-pellee.

Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Debbie G. Catón seeks to appeal the district court’s order denying relief on her 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit jus*205tice or judge issues a certificate of appeal-ability. See 28 U.S.C. § 2258(c)(1)(A) (2006). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2258(c)(2) (2006). 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, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (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, 120 S.Ct. 1595. We have independently reviewed the record and conclude that Catón has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We further deny Caton’s motion for appointment of counsel. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.

Caton v. Kimble
440 F. App'x 204

Case Details

Name
Caton v. Kimble
Decision Date
Jul 25, 2011
Citations

440 F. App'x 204

Jurisdiction
United States

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