John Baccus v. Leroy Cartledge

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 9:11-cv-01754-DCN Copies to all parties and the district court/agency. [998725970]. Mailed to: John Baccus. [11-7277]

Appeal: 11-7277

Document: 5

Date Filed: 11/18/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-7277

JOHN ROOSEVELT BACCUS,
Petitioner – Appellant,
v.
LEROY
CARTLEDGE,
Institution,

Warden

of

McCormick

Correctional

Respondent – Appellee,
and
THE STATE,
Respondent.

Appeal from the United States District Court for the District of
South Carolina, at Beaufort.
David C. Norton, Chief District
Judge. (9:11-cv-01754-DCN)

Submitted:

November 15, 2011

Decided:

November 18, 2011

Before NIEMEYER and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

John Roosevelt Baccus, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
John
court’s
judge

Roosevelt

Baccus

order

accepting

the

and

denying

successive.
justice

or

his

28

The

order
issues

a

to

appeal

recommendation

U.S.C.

is

judge

seeks

not

§

2254

of

the

(2006)

appealable

certificate

U.S.C. § 2253(c)(1)(A) (2006).

of

the

district

magistrate

petition

unless

a

as

circuit

appealability.

28

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).

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 Baccus 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: 11-7277

before

Document: 5

Date Filed: 11/18/2011

the

and

court

argument

would

Page: 3 of 3

not

aid

the

decisional

process.

DISMISSED

3