Quincy McCoy v. Leroy Cartledge

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UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [998327167-2] Originating case number: 0:08-cv-03747-HMH Copies to all parties and the district court/agency. [998491497] [10-6470]

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Quincy McCoy v. Leroy Cartledge Doc. 0 Case: 10-6470 Document: 13 Date Filed: 12/27/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6470 QUINCY MARQUETTE MCCOY, Petitioner - Appellant, v. LEROY CARTLEDGE, Warden, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Henry M. Herlong, Jr., Senior District Judge. (0:08-cv-03747-HMH) Submitted: December 16, 2010 Decided: December 27, 2010 Before GREGORY, DUNCAN, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Quincy Marquette McCoy, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, William Edgar Salter, III, Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Dockets.Justia.com Case: 10-6470 Document: 13 Date Filed: 12/27/2010 Page: 2 PER CURIAM: Quincy Marquette McCoy seeks to appeal the district court's judge order and accepting the recommendation his 28 of the magistrate (2006) denying relief on U.S.C. 2254 petition. or judge The order is not appealable unless a circuit justice issues a certificate of appealability. 28 U.S.C. 2253(c)(1) (2006). issue absent "a A certificate of appealability will not showing of the denial of a substantial 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. 484 (2000); see Miller-El v. Slack v. McDaniel, 529 U.S. 473, 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. 529 U.S. at 484-85. and conclude that Slack, We have independently reviewed the record McCoy has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma oral pauperis, argument and dismiss the the appeal. and We legal dispense with because facts 2 Case: 10-6470 Document: 13 Date Filed: 12/27/2010 Page: 3 contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3

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