April Stuckers v. Unnamed , 491 F. App'x 400 ( 2012 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 12-7098
    APRIL STUCKERS,
    Petitioner – Appellant,
    v.
    UNNAMED RESPONDENT,
    Respondent - Appellee.
    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh. James C. Fox, Senior
    District Judge. (5:11-hc-02193-F)
    Submitted:   November 29, 2012              Decided:   December 13, 2012
    Before MOTZ, SHEDD, and KEENAN, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    April Stuckers, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    April Stuckers 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 justice or judge
    issues     a     certificate      of    appealability.            See     
    28 U.S.C. § 2253
    (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    (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 Stuckers has not made the requisite showing.                        Accordingly,
    we deny her motions for a certificate of appealability, deny
    leave to proceed in forma pauperis, 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: 12-7098

Citation Numbers: 491 F. App'x 400

Judges: Motz, Shedd, Keenan

Filed Date: 12/13/2012

Precedential Status: Non-Precedential

Modified Date: 11/6/2024