Billy Tedder v. Anthony Padula

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to strike [998625452-2]; denying Motion for appointment of counsel [998614673-2] Originating case number: 8:10-cv-01415-MBS Copies to all parties and the district court. [998739290]. Mailed to: Billy Joe Tedder. [11-6681]

Appeal: 11-6681

Document: 10

Date Filed: 12/08/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6681

BILLY JOE TEDDER,
Petitioner - Appellant,
v.
ANTHONY PADULA, Warden, Lee Correctional Institution,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Anderson.
Margaret B. Seymour, District
Judge. (8:10-cv-01415-MBS)

Submitted:

November 22, 2011

Decided:

December 8, 2011

Before WILKINSON, AGEE, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Billy Joe Tedder, Appellant Pro Se. Donald John Zelenka, Deputy
Assistant Attorney General, Columbia, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-6681

Document: 10

Date Filed: 12/08/2011

Page: 2 of 3

PER CURIAM:
Billy Joe Tedder 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.
(2006).

See 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

merits,
that

court’s

debatable

or

a

prisoner

reasonable

assessment

wrong.

When the district court denies

Slack

satisfies

jurists

this

would

of

the

v.

McDaniel,

standard

find

constitutional
529

U.S.

by

that

the

claims

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 484-85.
We have independently reviewed the record and conclude
that Tedder has not made the requisite showing.

Accordingly, we

deny a certificate of appealability and dismiss the appeal.

We

deny as moot the pending motions for appointment of counsel and
to strike.

We dispense with oral argument because the facts and
2

Appeal: 11-6681

Document: 10

legal

contentions

before

the

court

Date Filed: 12/08/2011

are

adequately

and

argument

Page: 3 of 3

presented

would

not

in
aid

the
the

materials
decisional

process.
DISMISSED

3