Javun Massey v. Herb Jackson , 549 F. App'x 174 ( 2013 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 13-7489
    JAVUN TYKEE MASSEY,
    Petitioner - Appellant,
    v.
    HERB L. JACKSON,
    Respondent - Appellee.
    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro. Catherine C. Eagles,
    District Judge. (1:13-cv-00080-CCE-JLW)
    Submitted:   December 19, 2013            Decided:   December 24, 2013
    Before SHEDD, DAVIS, and FLOYD, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Javun Tykee Massey, Appellant Pro Se. Clarence Joe DelForge,
    III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North
    Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Javun      Tykee     Massey     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.             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 Massey has not made the requisite showing.                           Accordingly, we
    deny Massey’s motion 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: 13-7489

Citation Numbers: 549 F. App'x 174

Judges: Shedd, Davis, Floyd

Filed Date: 12/24/2013

Precedential Status: Non-Precedential

Modified Date: 11/6/2024