Jerome Myers v. Gregory Knowlin

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [998588379-2], updating certificate of appealability status Originating case number: 6:09-cv-01076-CMC Copies to all parties and the district court/agency. [998652690]. Mailed to: Myers. [11-6635]

Appeal: 11-6635

Document: 6

Date Filed: 08/11/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6635

JEROME MYERS,
Petitioner - Appellant,
v.
GREGORY KNOWLIN, Warden of Turbeville Correctional
Institution,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Greenville. Cameron McGowan Currie, District
Judge. (6:09-cv-01076-CMC)

Submitted:

July 29, 2011

Decided:

August 11, 2011

Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jerome Myers, Appellant Pro Se.
William Edgar Salter, III,
Assistant Attorney General, Columbia, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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Document: 6

Date Filed: 08/11/2011

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PER CURIAM:
Jerome

Myers

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

(2006).

of

appealability.

28

U.S.C.

§ 2253(c)(1)(A)

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

demonstrating
district
debatable

merits,
that

court’s
or

a

When the district court denies

prisoner

reasonable

assessment

wrong.

satisfies

jurists

would

of

Slack

this

the

v.

McDaniel,

standard

find

that

U.S.

the

claims

constitutional
529

by

is

473,

484

(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.

Slack, 529 U.S.

at

the

484-85.

conclude

We

that

have

Myers

independently
has

not

made

reviewed
the

record

requisite

and

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: 11-6635

before

Document: 6

Date Filed: 08/11/2011

the

and

court

argument

would

Page: 3 of 3

not

aid

the

decisional

process.

DISMISSED

3