Colell Steele v. Nora Hunt , 589 F. App'x 132 ( 2014 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 14-7197
    COLELL B. STEELE,
    Petitioner - Appellant,
    v.
    SUPERINTENDENT NORA HUNT,
    Respondent – Appellee,
    and
    MIKE BALL,
    Respondent.
    Appeal from the United States District Court for the Western
    District of North Carolina, at Charlotte.   Frank D. Whitney,
    Chief District Judge. (3:13-cv-00509-FDW)
    Submitted:   December 22, 2014              Decided:    December 30, 2014
    Before SHEDD and     AGEE,    Circuit   Judges,   and   HAMILTON,   Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Colell B. Steele, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Colell B. Steele seeks to appeal the district court’s
    order denying relief on his 28 U.S.C. § 2254 (2012) petition.
    The order is not appealable unless a circuit justice or judge
    issues     a     certificate      of    appealability.            See     28     U.S.C.
    § 2253(c)(1)(A) (2012).           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) (2012).                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    (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 Steele has not made the requisite showing.                       Accordingly, we
    deny a certificate of appealability and dismiss the appeal.                           We
    dispense       with      oral   argument    because      the     facts    and     legal
    2
    contentions   are   adequately   presented   in   the   materials   before
    this court and argument would not aid the decisional process.
    DISMISSED
    3
    

Document Info

Docket Number: 14-7197

Citation Numbers: 589 F. App'x 132

Judges: Shedd, Agee, Hamilton

Filed Date: 12/30/2014

Precedential Status: Non-Precedential

Modified Date: 11/6/2024