Willie Branch v. Justin Andrews , 588 F. App'x 238 ( 2014 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7549
WILLIE BRANCH,
Petitioner - Appellant,
v.
JUSTIN F. ANDREWS,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle,
District Judge. (5:14-hc-02007-BO)
Submitted: December 16, 2014 Decided: December 19, 2014
Before DUNCAN and DIAZ, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Willie Branch, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Willie Branch, a prisoner in custody under a sentence
imposed by the Superior Court of the District of Columbia, seeks
to appeal the district court’s order denying relief on his
28 U.S.C. § 2241 (2012) petition, which the district court also
construed as a 28 U.S.C. § 2254 (2012) 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) (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 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 v. McDaniel, 529 U.S. 473, 484-85
(2000).
We have independently reviewed the record and conclude
that Branch has not made the requisite showing. Accordingly, we
deny Branch’s motions for transcript at government expense and
for appointment of counsel, deny 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
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contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
DISMISSED
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