Keonakamerah Postell v. McKither Bodison

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:09-cv-03232-HFF Copies to all parties and the district court/agency. [998652715]. Mailed to: Keonakamerah Postell, LIEBER CORRECTIONAL INSTITUTION P. O. Box 205, Ridgeville, SC 29472-0000. [11-6032]

Appeal: 11-6032

Document: 7

Date Filed: 08/11/2011

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6032

KEONAKAMERAH POSTELL, a/k/a Keo Postell, a/k/a Keonakramer
Natavious Postell,
Petitioner - Appellant,
v.
MCKITHER BODISON, Warden of Lieber Correctional Institution,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Anderson.
Henry F. Floyd, District Judge.
(8:09-cv-03232-HFF)

Submitted:

August 4, 2011

Decided:

August 11, 2011

Before WILKINSON, GREGORY, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Keonakamerah Postell, Appellant Pro Se.
Donald John Zelenka,
Deputy
Assistant
Attorney
General,
Alphonso
Simon,
Jr.,
Assistant Attorney General, Columbia, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-6032

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Date Filed: 08/11/2011

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PER CURIAM:
Keonakamerah
court’s
judge

order
and

or

judge

accepting

denying

petition.

Postell

relief

to

appeal

recommendation
on

his

28

of

U.S.C.

the
the

district
magistrate

§ 2254

(2006)

The order is not appealable unless a circuit justice
issues

a

certificate

§ 2253(c)(1)(A) (2006).
issue

the

seeks

absent

“a

appealability.

28

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

of

showing

of

the

denial

28 U.S.C. § 2253(c)(2) (2006).

of

a

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

Cockrell,

(2000);

(2003).

see

Miller-El

v.

537

U.S.

322,

336-38

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.

Slack,

We have independently reviewed the record

and conclude that Postell 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

Appeal: 11-6032

before

Document: 7

Date Filed: 08/11/2011

the

and

court

argument

would

Page: 3 of 3

not

aid

the

decisional

process.
DISMISSED

3