532 F. App'x 326

Michael W. MABE, Petitioner-Appellant, v. Keith WHITENER; Roy Cooper, NC Attorney General, Respondents-Appellees.

No. 13-6316.

United States Court of Appeals, Fourth Circuit.

Submitted: June 13, 2013.

Decided: July 5, 2013.

Michael W. Mabe, Appellant Pro Se. Clarence Joe DelForge, III, North Carolina Department of Justice, Mary Carla Hollis, Assistant Attorney General, Raleigh, North Carolina, for Appellee.

Before KEENAN, FLOYD, and THACKER, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

*327PER CURIAM:

Michael W. Mabe 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 of appeal-ability. 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. § 2253(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 Mabe has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny Mabe’s motion for the appointment of counsel, deny leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED.

Mabe v. Whitener
532 F. App'x 326

Case Details

Name
Mabe v. Whitener
Decision Date
Jul 5, 2013
Citations

532 F. App'x 326

Jurisdiction
United States

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