Casey Stuckey v. State of South Carolina

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [998336888-2], updating certificate of appealability status Originating case number: 0:09-cv-00203-HFF Copies to all parties and the district court/agency. [998473184] [10-6549]

Casey Stuckey v. State of South Carolina

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Case: 10-6549 Document: 10

Date Filed: 11/29/2010

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6549 CASEY STUCKEY, Petitioner ­ Appellant, v. STATE OF SOUTH INSTITUTION, CAROLINA; WARDEN LEE CORRECTIONAL

Respondents ­ Appellees.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Henry F. Floyd, District Judge. (0:09-cv-00203-HFF) Submitted: November 18, 2010 AGEE, Circuit Decided: Judges, and November 29, 2010 HAMILTON, Senior

Before SHEDD and Circuit Judge.

Dismissed by unpublished per curiam opinion. Casey Stuckey, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Melody Jane Brown, Assistant Attorney General, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

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PER CURIAM: Casey Stuckey seeks to appeal the district court's

order accepting the recommendation of the magistrate judge and 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)

(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). relief on the merits, that a When the district court denies satisfies would this standard that claims 473, by the is 484

prisoner

demonstrating district debatable

reasonable of v.

jurists the

find

court's or

assessment Slack

constitutional 529 U.S.

wrong.

McDaniel,

(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. at 484-85. that we We have independently has not made motion reviewed the for Slack, 529 U.S. the record and

conclude

Stuckey deny

requisite a

showing. of

Accordingly,

Stuckey's

certificate

appealability and dismiss the appeal.

We dispense with oral

argument because the facts and legal contentions are adequately

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Case: 10-6549 Document: 10

Date Filed: 11/29/2010

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presented in the materials before the court and argument would not aid the decisional process. DISMISSED

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