Ronald Whiteside v. Scotland County Superior Court , 446 F. App'x 592 ( 2011 )


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  •                                UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 11-6662
    RONALD G. WHITESIDE,
    Petitioner - Appellant,
    v.
    SCOTLAND COUNTY SUPERIOR COURT,
    Respondent - Appellee.
    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro. Wallace W. Dixon,
    Magistrate Judge. (1:10-cv-00386-WWD-WWD)
    Submitted:   August 15, 2011             Decided:   September 20, 2011
    Before KING, GREGORY, and DAVIS, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Ronald G. Whiteside, Appellant Pro Se.  Clarence Joe DelForge,
    III, Assistant Attorney General, Raleigh, North Carolina, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Ronald      G.    Whiteside             seeks       to    appeal         the    magistrate
    judge’s orders denying relief on his 28 U.S.C. § 2254 (2006)
    petition,         finding          it    was       untimely,          see       28    U.S.C.       § 2244(d)
    (2006), and denying a post-judgment motion seeking to “address
    the    limit.” *          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
    relief       is       denied    on       the       merits,        a    prisoner            satisfies      this
    standard         by    demonstrating               that      reasonable          jurists         would    find
    that       the    magistrate            judge’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       relief       is       denied      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    Whiteside          has         not   made         the    requisite           showing.
    *
    The parties consented to the exercise of jurisdiction by
    the magistrate judge pursuant to 28 U.S.C. § 636(c) (2006).
    2
    Accordingly, we deny a certificate of appealability, deny leave
    to proceed in forma pauperis, deny the motion for appointment of
    counsel and dismiss the appeal.       We dispense with oral argument
    because the facts and legal contentions are adequately presented
    in the materials before the court and argument would not aid the
    decisional process.
    DISMISSED
    3
    

Document Info

Docket Number: 11-6662

Citation Numbers: 446 F. App'x 592

Filed Date: 9/20/2011

Precedential Status: Non-Precedential

Modified Date: 1/12/2023