Leroy Pope v. Leroy Cartledge

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:10-cv-01416-HFF Copies to all parties and the district court/agency. [998711023]. Mailed to: Pope. [11-6722]

Appeal: 11-6722

Document: 5

Date Filed: 10/28/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6722

LEROY POPE,
Petitioner - Appellant,
v.
LEROY CARTLEDGE,
Institution,

Warden

of

the

McCormick

Correctional

Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Columbia.
Henry F. Floyd, District Judge.
(3:10-cv-01416-HFF)

Submitted:

October 18, 2011

Before AGEE and
Circuit Judge.

DIAZ,

Circuit

Decided:

Judges,

and

October 28, 2011

HAMILTON,

Senior

Dismissed by unpublished per curiam opinion.

Leroy Pope, Appellant Pro Se.
Donald John Zelenka, Deputy
Assistant
Attorney
General,
Melody
Jane
Brown,
Assistant
Attorney General, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-6722

Document: 5

Date Filed: 10/28/2011

Page: 2 of 3

PER CURIAM:
Leroy Pope 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.
not

appealable

unless

a

circuit

certificate of appealability.
A

certificate

of

justice

or

The order is

judge

issues

a

28 U.S.C. § 2253(c)(1)(A) (2006).

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.

Slack

satisfies

jurists

this

would

of

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
Pope

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: 11-6722

before

Document: 5

Date Filed: 10/28/2011

the

and

court

argument

would

Page: 3 of 3

not

aid

the

decisional

process.
DISMISSED

3