Keith Bruce v. Elaine Robinson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 9:09-cv-01383-RMG Copies to all parties and the district court/agency. [998548255]. Mailed to: Keith Bruce. [10-7640]

Keith Bruce v. Elaine Robinson

Doc. 0

Case: 10-7640

Document: 5

Date Filed: 03/18/2011

Page: 1

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-7640

KEITH BERNARD BRUCE, Petitioner ­ Appellant, v. ELAINE ROBINSON, Warden, Respondent ­ Appellee.

Appeal from the United States District Court for the District of South Carolina, at Beaufort. Richard Mark Gergel, District Judge. (9:09-cv-01383-RMG)

Submitted:

March 15, 2011

Decided:

March 18, 2011

Before MOTZ and Circuit Judge.

WYNN,

Circuit

Judges,

and

HAMILTON,

Senior

Dismissed by unpublished per curiam opinion.

Keith Bernard Bruce, Appellant Pro Se. Samuel Creighton Waters, Assistant Attorney General, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

Case: 10-7640

Document: 5

Date Filed: 03/18/2011

Page: 2

PER CURIAM: Keith court's judge order and Bernard accepting Bruce the seeks to appeal of the the § district magistrate (2006)

recommendation his 28

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 Bruce has not made the requisite showing.

Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials

2

Case: 10-7640

Document: 5

Date Filed: 03/18/2011

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before

the

court

and

argument

would

not

aid

the

decisional

process. DISMISSED

3