Stephen Bowers v. Evelyn Seifert
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:11-cv-00040-JPB-DJJ Copies to all parties and the district court/agency. [998827516]. Mailed to: Bowers. [11-7459]
Appeal: 11-7459
Document: 10
Date Filed: 04/06/2012
Page: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-7459
STEPHEN P. BOWERS,
Petitioner – Appellant,
v.
WARDEN EVELYN SEIFERT,
Respondent - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins.
John Preston Bailey,
Chief District Judge. (2:11-cv-00040-JPB-DJJ)
Submitted:
March 26, 2012
Decided:
April 6, 2012
Before MOTZ, SHEDD, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Stephen P. Bowers, Appellant Pro Se. Robert David Goldberg,
Assistant Attorney General, Silas B. Taylor, OFFICE OF THE
ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Document: 10
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PER CURIAM:
Stephen P. Bowers 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
merits,
that
court’s
debatable
or
a
prisoner
reasonable
assessment
wrong.
When the district court denies
satisfies
jurists
would
of
the
v.
McDaniel,
Slack
this
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 Bowers has not made the requisite showing.
Accordingly, we
deny a certificate of appealability and dismiss the appeal.
dispense
with
oral
argument
because
2
the
facts
and
We
legal
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Document: 10
Date Filed: 04/06/2012
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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
DISMISSED
3
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