Aaron Mathis v. Michael McCall

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 9:10-cv-02073-MBS Copies to all parties and the district court/agency. [998779066]. Mailed to: Mathis. [11-7046]

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Appeal: 11-7046 Document: 8 Date Filed: 02/02/2012 Page: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-7046 AARON MATHIS, Petitioner – Appellant, v. MICHAEL MCCALL, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Beaufort. Margaret B. Seymour, Chief District Judge. (9:10-cv-02073-MBS) Submitted: January 31, 2012 Decided: February 2, 2012 Before NIEMEYER, KING, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Aaron Mathis, Appellant Pro Se. Alphonso Simon, Jr., Assistant Attorney General, Donald John Zelenka, Deputy Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 11-7046 Document: 8 Date Filed: 02/02/2012 Page: 2 of 3 PER CURIAM: Aaron Mathis 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. 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 that We have Mathis 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: 11-7046 before Document: 8 Date Filed: 02/02/2012 the and court argument would Page: 3 of 3 not aid the decisional process. DISMISSED 3

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