Jonathan Uzzell v. Travis Outlaw , 456 F. App'x 307 ( 2011 )


Menu:
  •                                UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 11-6519
    JONATHAN ANTHONY UZZELL,
    Petitioner - Appellant,
    v.
    TRAVIS OUTLAW,
    Respondent – Appellee,
    and
    STATE OF NORTH CAROLINA,
    Respondent.
    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.   Louise W. Flanagan,
    Chief District Judge. (5:10-hc-02003-FL)
    Submitted:   October 27, 2011                Decided:   December 5, 2011
    Before NIEMEYER, DAVIS, and KEENAN, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Jonathan Anthony Uzzell,        Appellant    Pro Se.      Clarence Joe
    DelForge, III, Assistant         Attorney    General,   Raleigh, North
    Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    2
    PER CURIAM:
    Jonathan Anthony Uzzell 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 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 Uzzell 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
    3
    contentions are adequately presented in the materials before the
    court and argument would not aid the decisional process.
    DISMISSED
    4
    

Document Info

Docket Number: 11-6519

Citation Numbers: 456 F. App'x 307

Judges: Niemeyer, Davis, Keenan

Filed Date: 12/5/2011

Precedential Status: Non-Precedential

Modified Date: 11/5/2024