Billy Morrison v. John Vaughan , 548 F. App'x 943 ( 2013 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 13-7277
    BILLY RAY MORRISON,
    Petitioner - Appellant,
    v.
    JOHN NEIL VAUGHAN,
    Respondent - Appellee.
    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.   Malcolm J. Howard,
    Senior District Judge. (5:06-hc-02199-H)
    Submitted:   December 19, 2013            Decided:   December 23, 2013
    Before SHEDD, DAVIS, and FLOYD, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Billy Ray Morrison, Appellant Pro Se.   Mary Carla Hollis,
    Assistant Attorney  General, Raleigh, North  Carolina, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Billy     Ray       Morrison      seeks       to      appeal       the     district
    court’s       order      denying      his    Fed.       R.    Civ.     P.    60(b)       motion    for
    reconsideration of 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 appealability.                    28 U.S.C. § 2253(c)(1)(A) (2006);
    Reid     v.       Angelone,          
    369 F.3d 363
    ,      369        (4th     Cir.     2004).
    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
    (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 Morrison has not made the requisite showing.                                    Accordingly,
    we deny a certificate of appealability and dismiss the appeal.
    2
    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
    3
    

Document Info

Docket Number: 19-2138

Citation Numbers: 548 F. App'x 943

Judges: Shedd, Davis, Floyd

Filed Date: 12/23/2013

Precedential Status: Non-Precedential

Modified Date: 11/6/2024