UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7844
MARQUEION JAMAL HARRISON,
Petitioner - Appellant,
v.
WILLIE DAVIS,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever, III,
Chief District Judge. (5:13-hc-02084-D)
Submitted: March 27, 2014 Decided: April 1, 2014
Before MOTZ, Circuit Judge, and HAMILTON, and DAVIS, Senior
Circuit Judges.
Dismissed by unpublished per curiam opinion.
Marqueion Harrison, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Marqueion Harrison seeks to appeal the district
court’s order denying relief on his 28 U.S.C. § 2254 (2012)
petition because it was untimely and unexhausted. 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)
(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 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 Harrison has not made the requisite showing. Accordingly,
we deny leave to proceed in forma pauperis, deny a certificate
of appealability, and dismiss the appeal. We dispense with oral
argument because the facts and legal contentions are adequately
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presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED
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