Terrence Wright v. Butch Jackson
502 F. App'x 339
4th Cir.
2013
Check Treatment
Docket

Terrence Leroy WRIGHT, a/k/a Terrence Wright El, Petitioner-Appellant, v. Butch JACKSON, Respondent-Appellee.

No. 12-7480.

United States Court of Appeals, Fourth Circuit.

Decided: Jan. 3, 2013.

492 F. App‘x 339

Before AGEE, KEENAN, and FLOYD, Circuit Judges.

Submitted: Dec. 12, 2012. Terrence Leroy Wright, Appellant Pro Se. Dismissed by unpublished PER CURIAM opinion. Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Terrence Leroy Wright 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. ; see . 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. .

We have independently reviewed the record and conclude that Wright has not made the requisite showing. Accordingly, we deny Wright‘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 contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED.